journal
Analysis
‘Song and dance’ about ‘wining and dining’
The facts of a case can get lost in screaming headlines and turf wars on social media, as they did for a Supreme Court case on marriage
12th May 2024
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Supreme Court Review 2023
As 2023 ended, we at SCO thematically broke down what the Court said on key issues of the year
9th Jan 2024
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Supreme Court Review 2023: On Marriage
The SC said marriage age and rights of sexual minorities was in parliament‘s domain. It used its wide powers under Art. 142 to grant divorce
30th Dec 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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A Long Road to Nowhere: On the Many Disappointments of the Marriage Equality Case
The Court undertook a selective reading of its own jurisprudence while upholding the constitutionality of the Special Marriage Act
27th Oct 2023
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SCO Explains: A Chief Justice in the minority: Why does this matter?
15% of dissents by a Chief Justice in a Constitution Bench were in the last two years alone. What does this mean?
25th Oct 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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Shilpa Sailesh Judgment: A Step Towards No-Fault Divorce?
Is the SC's power to directly grant divorce in cases of irretrievable breakdown of marriage, a judicial quick fix to a legislative issue?
3rd Jun 2023
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The Uses and Abuses of Marital Privacy
How strong is the marital privacy argument to justify marital rape exception in a post-Puttaswamy era?
22nd May 2023
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Adjudicating Marriage Equality: An Opportunity Lost or a Bullet Dodged?
The SC’s decision to leave out personal laws from the scope of challenge in the marriage equality case presents an interesting conundrum.
24th Apr 2023
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State of Gujarat v Jamiat Ulama-E-Hind Gujarat & Ors
Special Leave Petition challenging the Gujarat High Court's Interim Order that upholds conversion during interfaith unions between adults in the state.
MoreNext Hearing:
Last Updated: 20220323
Bench:Vikram Nath J, Krishna Murari J
Decriminalisation of Adultery
Decided
Joseph Shine v Union of India
On September 27th 2018, the Court decriminalised adultery. On January 31st 2023, the Court clarified that decriminalising adultery did not impact members of the Armed Forces.
MoreLast Updated: 20181023
Bench:K.M. Joseph J, Ajay Rastogi J, Aniruddha Bose J, Sanjiv Khanna CJI, C.T. Ravikumar J
Nandini Praveen v Union of India
The Supreme Court will decide whether certain provisions of the Special Marriage Act, 1954 (‘Act’) violate Articles 14, 15, and 21 of the Constitution of India, 1950.
MoreNext Hearing:
Last Updated:
Bench:V. Ramasubramanian J, A.S. Bopanna J,
Uniform Marriage Age
Decided
Ashwini Kumar Upadhyay v Union of India
The Court dismissed the petition, stating that only Parliament had the power to provide a uniform minimum age for marriage irrespective of religion or gender.
MoreLast Updated:
Bench:D.Y. Chandrachud CJI, P.S. Narasimha J, J.B. Pardiwala J
Parsi Excommunication
Pending
Goolrokh Gupta v Burjor Pardiwala
This case will decide if a Parsi woman loses her own religious identity after solemnising her marriage under the Special Marriage Act.
MoreNext Hearing:
Last Updated:
Bench:N.V. Ramana CJI, R Banumathi J, Ashok Bhushan J, L.N. Rao J, M.M. Shantangoudar J, Abdul Nazeer J, Subhash Reddy J, B.R. Gavai J, Surya Kant J
Sameena Begum v Union of India
Several Public Interest Litigation (PILs) challenge the constitutional validity of polygamy, nikah halala and other related Muslim marriage practices.
MoreNext Hearing: August 30, 2022
Last Updated:
Bench:Indira Banerjee J, Hemant Gupta J, Surya Kant J, M.M. Sundresh J, Sudhanshu Dhulia J