Abstract
India’s march toward gender-neutral marriage rights has been an arduous one, speckled with several legal, social, and institutional inhibitions. While marriage equality has gained some momentum over the years, Indian law continues mostly to see marriage and family rights through this bi-gender, heterosexual lens. The apex court in 2023 emphatically said no to extending legal recognition to same-sex marriages, holding that reform would emanate only from legislative action and not through judicial intervention. In fact, almost every family law on marriage, divorce, and adoption-all way down to succession-enforces sex-based identities and resists patriarchal values to cover queer relationships or non-binary identities. Updating these laws would not be only about the use of gender-neutral language: Rather it would mean acknowledging the invisibility of power imbalances and vulnerabilities in relationships at the very beginning in order to provide fair protection to all, no matter their gender identity or sexual orientation. Proposals such as the Model Code on Indian Family, 2024 testimonial support a truly inclusive and all-encompassing framework that recognizes diverse family structures and functional parenthood while safeguarding the most vulnerable. Thus, a robust legislative reform supported by an insightful public debate and having a keen balance that runs the gamut from gender neutrality to gender justice is required to make family law truly inclusive in India.
Key words
Family Law, Marriage Equality, Gender Justice, Gender-Neutral Marital Rights, Legislative Norms.
Introduction
Historically, India’s family law and marital rights have been dominated by patriarchal norms and binary gender stereotypes, and they have also been exclusionary or marginalizing to characters from the LGBTQ+ community, transgender and non-binary people. Gender neutral laws seek to give the same rights and protection to all individuals without considering their gender identities, and they go against the traditional male-female binary that persists in most of the personal laws. Even though the Constitution of India outlines that all people are equal before the law (Article 14) and no discrimination shall be practiced on the basis of sex (Article 15), the majority of family laws, i.e., those laws that govern marriage, divorce, maintenance, and adoption, are gender-based and heteronormative, and consequently, they continue to propagate gender stereotypes and the denial of legal recognition to non-conventional family forms.1
Gender prejudice is the main feature of the Indian family law which takes the form of provisions that depict a man as a wrongdoer and a woman as a victim, thus sexual offense law and maintenance provisions are examples of that. These provisions are, however, not in this aspect respectful of the situation of male, transgender, and queer victims. Also, it goes without saying that Section 498A IPC has been targeted from two opposite sides, i.e., those, who need the protection of women and those, who believe it is a tool for the abuse in marital disputes, thus, the issue of gendered protection is referred to as being multifaceted. Not only this but the non-statutory recognition of same-sex marriages and the gender of non-binary persons even more strengthens the position of inequality by depriving many of the benefits and rights that the heterosexual couples have.2 The radical shift that could transform family law is still far off, despite some movement, such as the decision to decriminalize homosexuality in Navtej Singh Johar v. Union of India (2018) and the enactment of the Transgender Persons (Protection of Rights) Act, 2019. The current Supreme Court deliberations on marriage equality and the efforts of the Model Code on Indian Family reform try to find integrated, gender-neutral family law that would be inclusive, socially just, and constitutional equality. But this can only happen if besides legislative change, there will be a change of attitudes among society and deeper understanding of the lived experience of gender and sexual minorities in India.
Research methodology
This article applies qualitative, doctrinal, and analytical research architecture to deeply explore the gender-neutral marital rights in India, the changes, the difficulties they underwent, and the opportunities ahead.
1 Agarwal, Nikita, “Gender-Neutral Laws in Indi,” Jus Corpus (19 May 2025) https://www.juscorpus.com/gender-neutral-laws-in-india/.
2 Kochar, M., “The Need For Gender-Neutral Laws In India: A Contemporary Perspective,” Lawful Legal, 18 Dec. 2024
Literature Review
The discourse on gender-neutral marital rights in India has escalated considerably in the recent past, pointing to the fact that the society is becoming more and more aware of the family laws that are still based on religious doctrines and the statutory provisions. Indeed, they have become the main source of patriarchal norms and gender bias. Scholars and experts are on the same line here when they say that the pluralism of Indian personal laws, while it can be perceived as cultural diversity, has led to a situation where the legal system is fragmented and women, LGBTQ+, and non-binary individuals’ rights and needs are often overlooked.3 The call for the gender-neutrality of the family law is thus the path that leads to realizing the constitutional ideals of equality, non-discrimination, and dignity.
One of the major issues raised by Dr. Santosh Kumar in his publication is the extensive gender bias present in Indian family law. Dr. Kumar, in his study, provides a detailed and well-argued disquisition on the personal laws of the different religious communities—Hindus, Muslims, Christians, and Parsis—depicting the situation that the laws are very traditional and family gender roles are highlighted a lot, i.e., often men are portrayed as main decision-makers and women, as dependents.
For instance, in the case of maintenance, it is usually the father who is in charge of providing for the family, while in the case of child custody, mothers are preferred, which are just two examples of the traditional division of labor in the family that can be narrow and unfair handling of family diversity issues.4
One of the main impacts of gender-neutral inheritance laws is the economic empowerment of women. These reforms aimed at providing daughters with the same inheritance rights to family property as sons have improved women’s bargaining power inside their marital households. The evidence through changes in the period and execution of such reforms in different states of India indicates that women exposed to such reforms are considerably more likely to be involved in household decision-making, have access to freedom of movement, and keep a strong connection with their natal families.5
3 Kumar, S., “Gender-Neutral Family Laws in India: A Step Towards True Equality,” The Infinite, vol. 2, no. 6, June 2025, pp. 103-108.
4 Id.
5 Mookerjee, S., “Gender-Neutral Inheritance Laws, Family Structure, and Women’s Social Status in India,” Georgetown University, School of Foreign Service in Qatar, August 2015
For instance, Sulagna Mookerjee’s study shows that women in reform states have a 3% higher probability to be involved in household decisions and to visit health clinics and markets without asking for any permission.6 Changes like these in autonomy are usually not because of the husbands’ losses, but they come mainly from the older generation’s losses, especially in families where the joint family system is prevalent, which indicates a change in decision-making authority from the elders to the younger couples
Empirical research on gender-neutral inheritance laws offer invaluable insights into the large-scale effects of the legal reforms. Mookerjee and Sulagna’s studies, among others, reveal that a series of revolutions in the hereditary statutes of different Indian states likewise unleashed the wave of women’s entitlements in their love-relationships.7 Women were those who received better treatment and, therefore, were reported as having a higher probability of taking the leading role in household decision-making, visiting health clinics, and establishing contact with their natal families. This basically illustrates that a legislative shift can positively influence gender relations and can lead to empowerment. Nevertheless, the same effects were not experienced by those religious groups which were not granted reforms to their religion, thereby emphasizing the problem of piecemeal legislative change in a multi-cultural, pluralistic legal system.8
Gender-neutral inheritance laws introduced into the law also contribute to changes in family structure. Evidence points to a gradual emerging drift from the traditional joint families toward nuclear households in those states implementing the reforms. This change is partly because a woman is now empowered to take more decisions concerning living arrangements. Post-reform, men also have more incentives in support of nuclear households since their financial attachment to their parents diminishes with property being equally divided among siblings irrespective of gender.
6 Mookerjee, S., “Gender-Neutral Inheritance Laws, Family Structure, and Women’s Status in India,” The World Bank Economic Review, vol. 33, no. 2, June 2019, pp. 498–515.
7 Id
8 Id
Even in traditional joint families, the reforms have liberated younger couples, allowing them more freedom and decision-making power at the onset of the older generation. This intergenerationally evolving dynamic is an expression of the democratization of family life through the law. The ripple effects of women’s empowerment through an inheritance right stretch far beyond the immediate household. Studies show these improved inheritance rights for women positively affect child health outcomes, perhaps as a result of women gaining more control over resources and decisions in households.
The reforms do not work with the same effects in all communities. The more prominent benefits have been enjoyed by those who belong to the Hindu, Buddhist, Sikh, and Jain religions, to whom the amended Hindu Succession Act applies, thereby denying other women from other religions, who live under different personal laws, followed gains. Such disparity speaks for the ineptitude of piecemeal reforms in a law pluralistic society.
Positively speaking, the effects of the gender-neutral inheritance laws build up with increasing duration of exposure. On the other side, they have a long-lasting and far-reaching effect than can bring about sustained changes in attitudes toward women’s rights and their role in the family. In contrast, if such deep-rooted patriarchal patterns remain unchallenged, then the gains may soon taper off or may even reduce, further stressing the need for their complementing social and educational interventions besides legal intervention.
Despite this progress, very big impediments remain. Deep-rooted social norms, resistance from entrenched family systems, and lack of awareness and enforcement mechanisms impinge on the actual encashment of women’s rights to inherit. In many instances, women are pressured to waive their rights in favour of male kin or are ignorant of their own rights. Further, existing laws of inheritance are not efficient in enforcing the interests of those who transcend the gender binary, thus leaving gender-fluid and non-binary persons without any legal backing or recognition in matters of succession. The gap, therefore, demonstrates the need for further reforms to achieve complete inclusiveness under the law of inheritances.
It is noteworthy that the same improvements notwithstanding, the existing literary arena accepts the fact that the legal and societal challenges are still there. According to Sania Siddique and Mohd Akash’s research, the legislative reform is slow and there are resistances from traditionalist groups who are scared that the gender-neutral laws will become the reason for the decrease of the protections that they have won for women
Legal and social challenges to gender-neutrality in India are intimately connected and are a figure of speech of the same issues. They depict deeply ingrained societal stereotypes and the legal system’s incapacity to adapt. The Indian family laws, which are largely based on religious personal laws that only recognize binary, sex-based characters, thus exclude the queer and non-binary people from equal marital, parental, and inheritance rights, are the source of the problem on the legal side. The attempt to introduce gender-neutral laws is met with protests from the people who are of the opinion that it would be possible the need for the protection of the women would be weakened. In view of the historical necessity of women-centric provisions and the present patriarchal state of the country, these opponents claim the situation is similar to the case with maintenance and alimony.9
Cultural beliefs and system biases very negatively influence the introduction and actual implementation of gender-neutral laws, because the majority of people are afraid that formal equality will endanger the idea of substantive equality for women. The point here is that the concept of equality for women is a dance between formal and substantive and the latter only works with difference. The anthropological term “legal pluralism” is used to describe the coexistence of different legal systems within the same society that poses a great challenge to reform however, due to the vast diversity of personal laws, it becomes difficult to come up with uniform and inclusive policies.10 The road to gender-neutrality is thus definitely not a matter of mere legislative change and activism by the courts but it also brings in social transformation, public involvement, and understanding issues, which are a lot more complicated than the mere concept of gender fairness as they still exist in the families of India with the power play and the men being vulnerable.
Comparative Perspectives and International Models
Comparative studies reveal the cases of international jurisdictions that have successfully implemented gender-neutral family law regimes. Canada’s Civil Marriage Act, 2005, is a good example, as it not only defines the marriage in gender-neutral language, but it also assures equal rights in maintenance and custody to the people of any gender or sexual orientation.
9 Goyal, R., Satyarthi, K., & Mukherjee, N., “Towards a Gender-Just and Queer-Inclusive Family Law,” India Development Review, 8 May 2024.
10 Legalit Tools, “An International Perspective on Gender Bias in Indian Divorce and Custody Laws,” LEGALIT Tools, 2025.
Such models offer a repertoire of strategies for the Indian legal system, providing it with the real-life experience of how to invent inclusive legal frameworks without devastating the cultural diversity or religious pluralism in the country.
The papers hypothesize that India can carry these best practices over to its own socio-legal context, as long as there is a vigorous public engagement and institutional support.11
Theoretical inputs argue for the necessity of a balanced approach to the legal reform. Dr. Santosh Kumar is a great proponent of the idea of a pragmatic road map that is achieved through combining legislative steps with judicial interpretation and the conduction of public awareness campaigns. The text points out that gender neutrality is the main goal however the reform has to take the history of women into consideration which is very negative and the disadvantage of structural and social nature of not only women but also of other marginalized groups. Legal education, professional judges’ training, and sensitization of the police are the key means that actively implement gender-neutral principles in daily practice.
One area of research is on the socio-economic implications of the gender-neutral laws. These reforms might bring a turn towards more independence and power for the women, like in the case of the law on inheritance that was changed. 12 But, with the presence of legal pluralism and the slow pace of reform, these perks won’t be fully of reach to all. The literature emphatically advocates to engage in substantial and intimate reform processes, morally and legally grounded in the constitution of the country and they are guided by empirical evidence, to guarantee that the change in the law is reflected in gender justice and social equality in practice.
Recent Initiatives and Proposals
Justice J.S. Verma Committee and KTS Tulsi Bill
The Justice J.S. Verma Committee (2013), that was constituted in the aftermath of the Delhi Gang Rape Case, recommended the gender-neutral sexual offence laws for which they understood that men, homosexuals, and transgender individuals are the victims of the crime.13
11 Kumar, S., “Gender-Neutral Family Laws in India: A Step Towards True Equality,” The Infinite, vol. 2, no. 6, June 2025, pp. 103-108
12 Deininger, K., Goyal, A., & Nagarajan, H.K., “Women’s Inheritance Rights and Intergenerational Transmission of Resources in India,” The World Bank, Policy Research Working Paper 5338, June 2010.
13 Pivot Legal, “Are Family Laws Gender Neutral In India,” The Indian Legal Directory, 2025.
The KTS Tulsi Private Bill (2013) proposed to change criminal laws in order to make them consistent with the provisions regarding sexual offences which apply to “any person,” thus, not only women.
Bharatiya Nyaya Sanhita Bill, 2023
This expansive reform bill is a plan to bring the Indian Penal Code up to date in terms of gender-neutral language and it also lists a few such provisions like renaming gendered terms with inclusive language and acknowledging newer crimes, for instance, cyber-crimes. However, its fate mainly lies in its implementation and the proper training of the law enforcement officials.14
Uniform Civil Code (UCC)
The UCC in general, as stated in Article 44 of the Constitution, clearly indicates, it is there to provide for a common set of laws to all citizens of India (regardless of religion).
Witnessing its implementation could certainly remove gender-based injustices in marriage, divorce, and inheritance, however, it is still met with strong opposition from the religious and cultural communities. Creating a genuinely non-discriminatory code which reflects the traditional religions’ respect but at the same time is equally gender-neutral is indeed a complex undertaking.
Beyond Gender-Neutrality: Addressing Structural Vulnerability
There are people with a different point of view, who say that just introducing gender-neutral in respect of the law does not go far enough to really involve queer people and women dealing with the issue of the patriarch’s power. On the other hand, provisions of the law should focus on determining the root causes of the situations of vulnerability faced by different groups of people, such as lack of money, who does most of the work in the relationship, health care, and the needs for own medical care and taking care of others. Such a principle makes the protections go to those who are vulnerable, be it women or men in the case of gender, or those of different sexual orientations.
Changes must guarantee that everyone, no matter their sex or gender, are allowed to marry, be the parents, and get the property. Matrimonial property regulations should not only acknowledge the tangible, and the intangible aims of the marriage but also create justice in the case of asset division between the divorced.
14 LawBhoomi, “Gender Neutral Laws in India,” LawBhoomi, 2025.https://lawbhoomi.com/gender-neutral-laws-in-india/
The family law which is the law of the inclusion must deal with the adoption rights in the first place.
If it recognizes the structure of families and the concept of a functional parent beyond the one-dimensional binary framework, then it works. To meet those needs, GLBTQ and non-binary persons would be given the same rights to create families and raise children.
Lessons from International Jurisdictions
Countries like Canada, Sweden, and South Africa have successfully implemented gender-neutral family law regimes that have allowed them to ensure that all people receive equal legal protection without any discrimination based on gender identity or sexual orientation. These models illustrate that it is still possible to create inclusive legal frameworks that respect cultural diversity and religious pluralism. India has a chance to reinvent these good examples in its particular socio-legal setting, and this would be feasible if such changes are not made in isolation but rather in conjunction with wide-ranging public participation and institutional support.
A forward-looking path to gender-neutral marriage rights in India would require changes in many areas. The first step would be implementation of a range of legislative and policy reforms. Legislators need to pass family laws that explicitly acknowledge various gender identities and sexual orientations, guaranteeing that all the statutes should use inclusive language and get rid of gendered stereotypes. These laws must go beyond the recognition of biological sex only and instead provide protection to individuals whose rights may be violated due to the assessment of their vulnerability nature. This approach would not only ensure that the rights of all individuals, especially those who do not fit traditional gender binaries, get protected, but it would also be an effective means of solving the problems that queer and non-binary persons still face. Along with that, legal interpretation and recognition are as important. Courts need to be motivated to interpret existing laws in a non-gendered and inclusive way that will open the door for lower courts and administrative entities to follow. There are also repeated programs of training and sensitization for judges, lawyers, and law enforcement agencies that will lead to the understanding of gender diversity and queer rights, which will make sure the justice system behaves properly to the lived experiences of all individuals
Public engagement and general awareness campaigns are the most important part in breaking down the established patriarchal norms and spreading the idea of the acceptance of diverse family structures. Civil society organizations, advocacy groups, and affected communities cannot be left behind and must be very active in the law-making process in order to ensure that the reforms are not only informed by real-world experiences but also focused on the needs of the most affected. Such a participatory approach allows to move societal consensus forward without triggering the resistance to change. Monitoring and evaluation are needed constantly to check if the laws are working well and to make sure they do not harm the vulnerable groups unintentionally. India can become more inclusive and equitable in its family law regime by implementing these recommendations that are respectful and protective of the diversity of its people.
Conclusion
The drive for gender-neutral marital rights in India is a constitutional obligation that derives from the principles of equality, justice, and dignity. The movement, in fact, is a reflection of the commitment of the Indian Constitution to the protection of the human rights of all citizens. However, it is undeniable that there are still some major issues that need to be solved, which include the resistance of some groups to the reform of personal laws, the complexity of the personal laws themselves, and the lack of comprehensive legislative action. Yet, the direction of family law that is open and inclusive of all is the only right one and also can be reached. By utilizing examples from abroad, tackling the weaknesses of the system, and actively involving the public, India can build a family law that bridges the gap between the de jure and de facto equality of all persons, regardless of their gender or sexual orientation. The road to gender-neutral marital rights is more than just legal reform; it is a revolutionary step toward a society that is fairer and more inclusive.
Author:
Manasvi Joshi
O. P. Jindal Global University