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Supreme Court Upholds Same-Sex Couples’ Right to Cohabitation

In a landmark judgment reinforcing the rights of LGBTQ+ individuals, the Supreme Court of India on Thursday upheld the constitutional right of same-sex couples to cohabit and live together without interference, marking a significant step forward for civil liberties in the country.

A bench headed by Chief Justice D.Y. Chandrachud ruled that consensual cohabitation between adults — irrespective of their gender or sexual orientation — is protected under Article 21 of the Constitution, which guarantees the right to life and personal liberty. The verdict came in response to a petition filed by a same-sex couple from Tamil Nadu, who had sought legal protection from harassment and threats by their families and local authorities.

While the Court reiterated that same-sex marriages remain outside the ambit of current legal frameworks — a position it had taken in an earlier 2023 ruling — it firmly asserted that the right to choose a partner and live with them is fundamental and cannot be denied based on societal norms or personal prejudices.

“We may not yet have a legal framework for same-sex marriage, but the Constitution protects the dignity and autonomy of every citizen,” said Justice Chandrachud in his remarks. “No adult can be prevented from living with a partner of their choice.”

The Court also directed law enforcement agencies to ensure that individuals in same-sex relationships are not subjected to coercion, violence, or illegal confinement by families or community groups.

Activists and legal experts have hailed the judgment as a moral and legal victory for the LGBTQ+ community. “It affirms that love and companionship, regardless of gender, are constitutionally valid and worthy of protection,” said senior advocate Menaka Guruswamy.

The ruling is being seen as a vital affirmation of queer rights, especially in a country where social acceptance remains a challenge despite legal progress.

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