Family values: Court affirms Tamil Nadu's inclusive gender traditions
In a landmark ruling delivered earlier this month, the Madras High Court affirmed that same-sex couples can form families without legal marriage. 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-yearold 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, emphasising personal autonomy and right to self-determination.
It comes decades after the 2002 suicide of two lesbian women in Erode's Satyamangalam 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 recognising 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.
Despite a section of society refusing to accept gender-diverse communities, every May to July, vast numbers of indigenous gender-variant and diverse SOGIESC (sexual orientation, gender identity, expression, and sex characteristics) communities in south India honour their patron deities at temples such as those for Koothandavar Aravan in Tamil Nadu, and for Ellamma, Bhagavati and Mariamman across the region. These communities enact gender-specific Hindu rituals, which have historically provided sacred spaces for early LGBTQIA+ activism. This cultural acceptance, though not universal, has helped shape a more inclusive societal framework and complemented the legal efforts.
The court's legal reasoning in the latest case was meticulous. The detainee confirmed her lesbian identity and desire to live with her partner, exposing familial coercion. The judges, referencing the Supreme Court's 2023 ruling in the Supriyo @ Supriya Chakraborty case, noted while same-sex marriage remains unrecognised, same-sex couples can still form families. The court criticised police inaction and directed law enforcement to protect the couple, reinforcing the judiciary's role in safeguarding individual rights against societal and familial pressures
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