India’s Dynamic Constitution

oleh: Varun Kasthuri

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH

Deskripsi

<p>A set of petitions challenging India’s non-recognition of gay and transgender persons’ right to marry was listed for final hearing by the Delhi High Court on 30 November 2021, with notice subsequently having been issued to the Union Government. I argue that the Indian constitutional framework is sufficiently well-developed to recognise LGBT marriage and that in holding as much, judicial fora in India would be heavily influenced by the idea of “constitutional morality”. </p>