India’s Supreme Court says LGBTQ+ families are entitled to social benefits in landmark ruling
In a massive win for LGBTQ+ rights, India’s Supreme Court has ruled that LGBTQ+ families are warranted legal protection. On 28 August, justices DY Chandrachud and AS Bopanna ruled that queer and other “non-traditional” families are entitled to the same social benefits as “traditional” families. “[The law] must not be relied upon to disadvantage families which are different from traditional ones,” they wrote. “Familial relationships may take the form of domestic, unmarried partnerships or queer relationships.” The two justices added that many families in the country do not conform to gender-based roles and assumptions. “This assumption ignores both, the many circumstances which may lead to a change in one’s familial structure, and the fact that many families do not conform to this expectation to begin with,” they explained.
The ruling stemmed from a case involving a woman who sought maternity leave for her first biological child. According to the Hindustan Times, she was denied the benefit after she previously used the designated time off to take care of one of her husband’s children from a previous marriage – whom she adopted.
Alongside the inclusion of LGBTQ+ couples, the ruling also stated that single parents, stepparents, and adoptive families are also allowed social benefits. “Similarly, the guardians and caretakers (who traditionally occupy the roles of the “mother” and the “father”) of children may change with remarriage, adoption, or fostering,” the aforementioned judges added. “Such atypical manifestations of the family unit are equally deserving not only of protection under the law but also of the benefits available under social welfare legislation.” India’s recent ruling joins the country’s growing list
