22 October 2023
When Discrimination is Not Enough
The Supreme Court, India’s apex constitutional court, recently delivered its disappointing decision in Supriyo Chakraborty v Union India (Supriyo), rejecting marriage equality in Indian law. The much-awaited decision was heard by a constitution bench (five judges) of the Supreme Court and dealt with far-reaching questions of both Indian constitutional law and family law. The decision is characteristic of the Indian Supreme Court’s ongoing phase of great deference to the executive and legislative branches but also marks a sharp and worrying break from the court’s otherwise progressive jurisprudence on issues of gender and sexuality. Continue reading >>
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24 May 2023
Marriage Equality at the Doors of the Indian Supreme Court
A five-judge bench of the Supreme Court of India recently heard over 20 petitions seeking marriage equality. The significance of a positive declaration cannot be overstated. It would make India only the second country in Asia to recognize LGBTQ+ marriages. As India becomes the world’s most populous country this year, a favorable decision would also mean that an estimated 17.7% of the world’s population would come under a marriage equality regime which is more than the cumulative population of the 34 countries that currently recognize such marriages (17% of the global population). Continue reading >>
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