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

• Naveen Talawar

  Pursuing LLM at National Law School of India University, Bengaluru, India

  Author

  https://orcid.org/0009-0007-0728-7445

On October 17, 2023, the Supreme Court of India gave a landmark judgement in the case of Supriyo @Supriya Chakraborty & Anr. v. Union of India¹ marking a significant legal setback for the LGBTQ+ community in India. The unanimous decision by the five-judge bench rejected the plea for the LGBTQ+ community's right to marry, denying them the recognition of fundamental rights within the institution of marriage. This judgement implies the numerous legal challenges surrounding the issue of marriage equality within the Indian legal framework and corresponds to the struggle of the LGBTQ+ community for equal rights and social recognition.²

The quest for marriage equality has become the key cause of the struggle of LGBTQ+ communities globally, which indicates the growth and spread of human rights and fairness. In India, where divergent cultures, customary ways of life, and legal structures converge, the pursuit of equal marriage has experienced distinct challenges and hurdles. This case has raised several issues pertaining to the interpretation of the Special Marriage Act, 1954 (SMA), which in turn have led to the exploration of the relationship between law, rights, and social transformation.³

As the interpretation of the SMA in the context of marriage equality in India's legal setup turns out to be of great importance, it is vital to analyse the effects of such a judgement and its broader implication for LGBTQ rights.

1. Naveen Talawar, Pursuing LLM at National Law School of India University, Bengaluru, India

   LLM candidate in Law and Technology at National Law School of India University, Bengaluru (NLSIU)

1. 2023 INSC 920

2. Supriyo and the Fundamental Right to Marry, Centre for Law & Policy Research available at https://clpr.org.in/blog/supriyo-and-the-fundamental-right-to-marry/.

3. Padmakshi Sharma, Right to Civil Union, Adoption, Transgender Persons' Right to Marry: Where Supreme Court Bench Agreed & Disagreed in Marriage Equality Case, Judiciary Still Wavering on The Matter of Queer Ma (Oct. 18, 2023), available at https://www.livelaw.in/

4. Advay Vora & Gauri Kashyap, Plea for Marriage Equality: Judgement Summary, Supreme Court Observer (Oct. 18, 2023), available at https://www.scobserver.in/reports/

5. AIRONLINE 2018 SC 1136

6. (2018) 7 SCC 19

7. The Wire Staff, SC Refuses to Legalize Marriage Equality, 2 of 5 Judges Say Queer Couples Must Be Given Legal Rights, The Wire (Oct. 17, 2023), available at https://thewire.in/law

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