Beyond Binary and Heteronormativity in Indian Society and Human Right: The Union of Two Soul

Abstract

‘We are free to choose our partners, who we are inherent to our being’. This statement highlights the global perspective on heteronormativity and the neglect of homonormative existence. Every person is born equal and deserves to be treated equally under the law. An individual’s fundamental human rights should not be denied based on their sexual orientation. Indian society is deeply rooted in traditional gender and sexual norms, has been long operated within the frameworks of binary identity and heteronormativity. These frameworks establish male-female and heterosexual/homosexual divisions as natural and universal, thereby marginalising those identities exist beyond such binaries. Homosexuality and same-sex relationships exist outside the bounds of heteronormativity. The heteronormative viewpoint has evolved since the post-colonial period and continues to prevail today. Cultural and ethical beliefs should not serve as justification for denying rights based on sexuality and gender expression. However, contemporary India has witnessed a gradual shift in perception through constitutional interpretation, judicial interventions, and evolving cultural narratives. Despite these advances, societal attitudes continue to be shaped by heteropatriarchal structures, religious conservatism, and socio-economic hierarchies. India needs to take appropriate legislative and judicial steps to accommodate a homonormative society. This paper is a doctrinal research study that relies on both primary and secondary sources. It focuses on the human rights of individuals with sexual orientations beyond heterosexuality, including same-sex relationships and marriage, in India. The study also explores the themes of sexual orientation and same-sex marriage within a heteronormative culture.