Supreme Court Says Queer Relationships Are Familial Structures Just Like Traditional Ones

Observing that "familial relationships may take the form of domestic, unmarried partnerships or queer relationships" the Supreme Court has said that an “atypical" manifestation of a family unit is as real as the traditional ones and deserves protection as per the law.

"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," a bench of Justices DY Chandrachud and AS Bopanna said in the order.

"The black letter of the law must not be relied upon to disadvantage families which are different from traditional ones," Justice Chandrachud said.

The bench made the observations on August 16 while delivering the verdict that a woman cannot be denied her right to maternity leave for her biological child because she had taken leave to take care of her husband's children from his previous marriage.

"The predominant understanding of the concept of a "family" both in the law and in society is that it consists of a single, unchanging unit with a mother and a father (who remain constant over time) and their children," the bench observed.