Protecting Love in All Forms

A landmark ruling delivered earlier this month, the Madras High Court affirmed that same-sex couples can form families without legal marriage.

- GOPI SHANKAR MADURAI

It marked a major milestone for LGBTQIA+ rights in India, particularly in Tamil Nadu.

Emerging from a habeas corpus petition, the ruling addressed the case of a 25-year-old lesbian woman detained by her natal family. Her partner sought her release so that they could live together. While securing her freedom, Justices G R Swaminathan and V Lakshminarayanan expanded the definition of family under Indian law, emphasizing personal autonomy and right to self-determination.

It comes decades after the 2002 suicide of two lesbian women in Erode's Satyaman-galam forest after facing societal rejection of their relationship. Despite this, the 2025 verdict builds on Tamil Nadu's progressive legacy rooted in both legal reforms and Indic traditions fostering wider acceptance of diverse identities. The verdict signals progress while recognizing the concept of a "chosen family" under Article 21 of the Constitution, which guarantees life and personal liberty. The court's assertion that "marriage is not the sole mode to found a family" validates non-traditional relationships and offers hope where despair once prevailed.