THE LEGAL PATHWAY FOR TRANSGENDER MARRIAGE AND ADOPTION RIGHTS IN INDIA: A CONSTITUTIONAL AND COMPARATIVE ANALYSIS

The landmark judgment of the Supreme Court of India in National Legal Services Authority v Union of
India (2014) constituted a paradigmatic shift in transgender rights jurisprudence by formally
recognising gender identity as a fundamental right. Yet the transformative promise of NALSA remains
conspicuously unfulfilled in the domains most central to personal life—marriage and adoption. This
article undertakes a critical legal analysis of the pathways—existing, potential, and desirable—for the
recognition of transgender marriage and adoption rights in India. It argues that the existing legal
framework, interpreted through a constitutionally harmonious and rights-based lens, does permit
such recognition, and that legislative reform is both necessary and constitutionally mandated.
Drawing on the constitutional framework (Articles 14, 15, 19, and 21), personal law statutes, the
Transgender Persons (Protection of Rights) Act 2019, the Juvenile Justice Act 2015, and comparative
frameworks from South Africa, Argentina, the United Kingdom, Nepal, and Germany, the article
identifies specific structural barriers and proposes a comprehensive agenda of legislative,
administrative, and judicial reforms. The doctrine of ‘constitutionally harmonious interpretation’ is
advanced as a judicial tool for protecting transgender family rights pending legislative action.
Keywords: Transgender rights, marriage law, adoption rights, NALSA, constitutionally harmonious
interpretation, Transgender Persons Act 2019, Juvenile Justice Act 2015, comparative family law,
gender identity, India