Beyond the Bench: Implications of the Supreme Court's Ruling on Marriage Equality in India

Abstract

On October 17, 2023, the Supreme Court of India delivered a landmark judgment in Supriyo @ Supriya Chakraborty & Anr. v. Union of India, rejecting the plea for marriage equality for the LGBTQ+ community. The Court held that the Constitution does not explicitly recognize a fundamental right to marry and emphasized that the regulation of marriage lies within the domain of Parliament. This decision has sparked critical debates on the interpretation of the Special Marriage Act, 1954, and its implications for the rights of non-heterosexual individuals.

While the petitioners advocated for a gender-neutral interpretation of the Act, the Court refrained from intervening, citing concerns over judicial overreach and the doctrine of separation of powers. The judgment reflects broader societal attitudes, highlighting the challenges of balancing individual freedoms, state regulation, and legislative intent in the context of evolving human rights norms.

This article explores the complexities of the Court's reasoning, the limitations of judicial intervention in social policy, and the need for legislative reforms to address systemic discrimination. It emphasizes the importance of promoting inclusivity and ensuring equal rights for all individuals, irrespective of their sexual orientation or gender identity, within the institution of marriage. The decision serves as a reminder of the ongoing struggle for marriage equality and the intersection of law, rights, and social transformation in India.