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

Gauri Kashyap

27th Nov 2023

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intimacy relational equality

Analysis

Unpacking the Right to Intimacy in Supriyo

Even the minority opinion privileged a 'marriage-lite' version of queer union instead of upholding relational equality

Diksha Sanyal

8th Nov 2023

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Justice S.R. Bhat's Majority in the Marriage Equality Judgement

Analysis

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

Arvind Narrain

4th Nov 2023

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Analysis

Monthly Review: October 2023

October saw the marriage equality judgement, revival of seven-judge benches, Justice Bhat’s retirement and more

Ayra Kamal

3rd Nov 2023

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marriage rights

Analysis

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

M. Jannani

3rd Nov 2023

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Channel

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?

Gauri Kashyap and R. Sai Spandana

23rd Oct 2023

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Channel

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.

Gauri Kashyap and R. Sai Spandana

17th Jun 2023

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Analysis

2023 Summer Session Review: Notable Hearings

What key cases were heard during the Supreme Court's summer session? SCO reviews.

Joyston D'Souza and Advay Vora

24th May 2023

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Channel

Plea for Marriage Equality Day #10

The petitioners concluded their rejoinder arguments and the Bench reserved judgement.

R. Sai Spandana

11th May 2023

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Same Sex Marriage Equality

Analysis

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.

Diksha Sanyal

10th May 2023

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Analysis

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.

Joyston D'Souza

9th May 2023

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Analysis

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.

R. Sai Spandana

5th May 2023

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cases

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.

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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.

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