GENDER RIGHTS VS PERSONAL LAWS: ISSUES AND CHALLENGES
transgender communities, families that include the very old and the very young, single
women headed households. Similarly, can partnerships be understood as going beyond
marriage as a sacrament?
In this connection, in the wake of the debate on UCC opening up following the Triple Talaq
judgement, the Law Commission of India in 2018 hurriedly invited detailed submissions from
citizens on formulating a Uniform Civil Code (Ohri, 2018). While the debates over the years
as well as the emerging voices from the margins had complicated the situation for claiming
rights, the landmark NALSA judgement of 2014 with its verdict that upheld the transgender
persons’ right to self-identified gender and directed the Central and State governments to
grant legal recognition of gender identity such as male, female, or third gender, was extremely
useful to bring a coherence to the debate on gender justice. Several women’s rights and queer
rights organisations made submissions that proceeded from existing laws, such as the Special
Marriage Act, inheritance and succession laws, and adoption regulations. In addition, within
the present context, due to its absence within existing law, civil partnership contracts and a
proposal to define different forms of familial/living arrangements was also proposed. Some
versions of these are also circulated for public discussion (Orinam, 2019).
The criticality of these debates on intimacies and families gaining strength was evident in
several recent judgements of the Supreme Court. In holding that privacy is a constitutionally
protected right, the Court states that it includes at its core the preservation of personal
intimacies, the sanctity of family life, marriage, procreation, the home and sexual orientation.
Also making clear that privacy was not an elitist construct, but a powerful guarantee
for the sanctity of marriage, the liberty of procreation, the choice of family life and the
dignity of being for persons irrespective of social strata or economic well-being. In another
judgement on granting maternity leave for a woman’s biological child when she had already
availed maternity leave for non-biological children of her husband, the court said that the
predominant notion of a family as an unchanging unit with a father, mother and children,
neglected the varied circumstances that can result in change of people’s familial structures,
where several such families do not fit this expectation. They further defined families that
assume the form of domestic unmarried partnerships, queer relationships and single-parent
households (Bhaskar, 2017; Rai, 2022). These observations from the highest court of the land
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