Sweeping across the courts in India is a ringing change in perspectives that has impacted judgments and made the courts into support systems. In May this year, the Kerala high court brought in equality in marriages when it allowed lesbian couple Adhila Nassrin and Fatima Noora to live together despite objections from their families. During the hearing of the petition filed by Nassrin, the court, in a progressive stance, stated that there was no reason to hold them back as they were consenting adults.
While same-sex marriage is not legally recognised in India, there is no statutory or constitutional provision restricting it either, say legal sources. The court observed, “Intimacies of marriage including the choices which individuals make on whether or not to marry and whom to marry lie outside the control of the state.”