In this note, the authors discuss the legal privileging of the heterosexual normative structure of marriage in India and navigate the discussion surrounding the legality of same-sex marriages through this lens. In doing so, the authors question the viability of merely recognising same-sex marriages, that impose upon such persons heteronormative characterises of a family, for the cost of similar rights. In this regard, the authors further attempt to characterise the problematic concept of marriage being a source for a bundle of rights and propose to augment this consideration by looking into and taking cues from the jurisprudence in India regarding the existence of alternate protected relationships.
