On 22 May 2025, the Madras High Court issued a landmark decision that reaffirmed the concept of chosen family and stated that same-sex couples could constitute a small family unit even without marriage. The Court stated that, “Marriage is not the sole mode to found a family. The concept of “chosen family” is now well settled and acknowledged in LGBTQIA+ jurisprudence.” In October 2023, the Supreme Court of India had rejected the plea for marriage equality for same-sex couples in India, and said that any laws related to the institution of marriage should come from the Parliament. Same-sex marriages are still not recognized in India.
A woman filed a habeas corpus writ petition in the Madras High Court after her same-sex partner was allegedly abducted from their shared residence and detained by the partner’s family. The court ordered the release of the woman, emphasising the Yogyakarta Principles and the right to personal liberty, dignity, and protection under Article 21 of the Constitution of India. The Court stated that the natal family did not have the right to interfere in the woman’s choice of residence and relationship solely because they disagreed with her sexual orientation. This expands on a similar judgment from the Kerala High Court in July 2024 in a habeas corpus case, where it was held that families can “become sites of violence for LGBTIQ individuals” as “expressing their gender identity or sexuality, is an act of defiance in a society that continues to set rigid cultural norms for gender identity and expression.” Both these judgments recognize the abuse and harm families can cause in attempts to forcibly detain and “correct” the sexual orientation of LGBTIQ relatives. The Madras High Court also held police accountable for their inaction following the petitioner’s complaint about her partner’s detention, ordering them to provide protection to the couple from family members.
The Court expressed its reluctance to use the word ‘queer’ in its ruling, stating that any standard dictionary defines this word as meaning ‘strange or odd’, but that diverse gender and sexual identities are natural and normal, as are the persons who bear them. The Court reiterates that one’s sexual orientation is an integral part of personal autonomy and self-expression. The Court further relies on Supreme Court decisions in cases of inter-caste and inter-religion marriages to draw comparisons in terms of lack of familial and social acceptance, and states that LGBTIQ individuals should have the same freedom of choice in choosing their partner, for and outside of marriage. The recognition of same-sex couples as a family by the Madras High Court raises a strong claim for equal benefits available under social welfare legislation, even as the struggle for equal marriage rights continues.
“The Madras High Court’s recognition that same-sex couples form legitimate family units—even outside of marriage—is a jurisprudential affirmation of the principle that human dignity, autonomy, and liberty are not contingent upon heteronormative institutions. Rooted in Article 21 of the Indian Constitution and supported by the Yogyakarta Principles, this decision rightly challenges carceral family structures that perpetuate coercion and abuse. It also aligns with evolving regional jurisprudence that acknowledges chosen families as a matter of human rights, not just social recognition. We urge Indian lawmakers to build on this momentum by codifying equal legal protection, including marriage equality, to ensure full social security, legal clarity, and dignity for all LGBTIQ persons.” Henry Koh, Executive Director at ILGA Asia.
ILGA Asia welcomes the order from the Madras High Court and for reaffirming the concept of the chosen family in jurisprudence concerning LGBTIQ individuals. It is conventionally understood that individuals with nonconforming gender and sexual identities often face exclusion and abuse within their own families. The concept of the chosen family is necessary for all state actors to recognize, as it is fundamentally rooted in an individual’s right to exercise and enjoy freedom, dignity, and autonomy in their choice of not only their romantic or sexual partners, but also their communities as a whole, and to live their lives free of violence and discrimination. ILGA Asia further urges the Government of India to legalize same-sex marriage to ensure equal and dignified life with full protection under law for same-sex couples across the nation.
