Indian SC says unmarried partnerships, queer relationships can also be considered as family

Keeping up with the changing times and batting for inclusivity, the Supreme Court of India on Monday made significant observations that expands the definition of traditional family units to include queer and unmarried relationships.

"Familial relationships may take the form of domestic, unmarried partnerships or queer relationships," said the court.

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In most societies, the concept of 'family' is usually narrowed down to a structure where a mother, father and their children are present. The court took on this pre-conceived notion and added:

"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."

Further building upon its statement, the bench comprising of Justices DY Chandrachud and AS Bopanna asserted that atypical family units are also entitled to equal protection of the law.

"A household may be a single parent household for any number of reasons, including the death of a spouse, separation, or divorce. 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."

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"These manifestations of love and of families may not be typical but they are as real as their traditional counterparts. Such atypical manifestations of the family unit are equally deserving not only of protection under law but also of the benefits available under social welfare legislation."

Stating that the black letter of the law must not be followed which puts the non-conventional family structures at a disadvantage, the court observed:

"The black letter of the law must not be relied upon to disadvantage families which are different from traditional ones. The same undoubtedly holds true for women who take on the role of motherhood in ways that may not find a place in the popular imagination."

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The apex court was hearing a case titled 'Deepika Singh versus Central Administrative Tribunal' where it made the aforementioned observations.

Reportedly, the complainant was denied maternity leave by her employee for her biological child stating she had already availed one for taking care of her spouse's child from an earlier marriage.

“The fact that the appellant’s spouse had two biological children from his first marriage would not impinge upon the entitlement of the appellant to avail maternity leave for her sole biological child,” said the bench in its judgement.

(With inputs from agencies)

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