journal
Analysis
“Judiciary of Sri Lanka has maintained independence, personalities haven’t mattered”: Justice Arjuna Obeyesekere
SCO spoke to the Sri Lankan Supreme Court judge about arbitration, judicial independence, and law’s influence on society
27th Nov 2023
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Unpacking the Right to Intimacy in Supriyo
Even the minority opinion privileged a 'marriage-lite' version of queer union instead of upholding relational equality
8th Nov 2023
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Marriage Equality Judgement: Overlooking fundamental rights
Justice Bhat’s refusal to uphold the directions to protect LGBTQIA+ persons seems inconsistent with his own understanding of Part III Rights
4th Nov 2023
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Monthly Review: October 2023
October saw the marriage equality judgement, revival of seven-judge benches, Justice Bhat’s retirement and more
3rd Nov 2023
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Marriage Equality: The courts were not the right forum to approach
The marriage rights of sexual minorities involve a polycentric dispute that falls squarely within the legislative domain
3rd Nov 2023
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SCO Explains: The plea for marriage equality judgement
A five-judge bench rejected the plea for queer persons right to marry in India. What did the Court say?
23rd Oct 2023
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Supreme Court Cases on the rights of LGBTQIA+ Persons
We trace the evolution of the rights for Queer persons across 4 landmark judgments, and a 5th pending case before the SC.
17th Jun 2023
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2023 Summer Session Review: Notable Hearings
What key cases were heard during the Supreme Court's summer session? SCO reviews.
24th May 2023
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Plea for Marriage Equality Day #10
The petitioners concluded their rejoinder arguments and the Bench reserved judgement.
11th May 2023
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Going Beyond Marriage: A Case for Relational Equality
Some of the petitions in the marriage equality case argue for more than the right to marry. They ask for the right to a chosen family.
10th May 2023
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Queer Marriage Under the Special Marriage Act: What’s at Stake?
Despite the SC’s move to restrict the case to the SMA, several concerns mar the road toward marriage equality for the LGBTQIA+ community.
9th May 2023
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Rights of Marriage or the Right to Marry?
As the focus of the Marriage Equality hearings shifts to the ancillary rights of marriage, SCO examines the way forward.
5th May 2023
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Plea for Marriage Equality
Decided
Supriyo @ Supriya Chakraborty & Anr. v Union of India
The five-judge bench upheld the validity of the Special Marriage Act, 1954, and held that the right to marry is not a fundamental right for queer persons.
MoreLast Updated:
Bench:D.Y. Chandrachud CJI, S.K. Kaul J, S.R. Bhat J, Hima Kohli J, P.S. Narasimha J
Navtej Singh Johar v UOI; Akkai Padmashali v UOI
On September 6th 2018 a five-judge Bench unanimously struck down Section 377 of the Indian Penal Code, to the extent that it criminalised same-sex relations between consenting adults.
MoreLast Updated: 20180906
Bench:Rohinton Nariman J, D.Y. Chandrachud CJI, A.M. Khanwilkar J, Indu Malhotra J, Dipak Misra CJI