Latest Court Verdicts
Supreme Court in Supriyo vs Union of India judgment verdict
- Constitution Bench of the Supreme Court held that only the legislature can recognise or regulate same sex marriage.
Key highlights
- Recognition to Right to Marry: The court observed that marriage is a statutory right not a fundamental right guaranteed by Constitution and hence its recognition is a subject matter for Parliament and state legislatures and not of Court.
- Thus, court declined to strike down or tweak provisions of Special Marriage Act, 1954 and other allied laws to include same sex members within their ambit.
- Adoption rights: Court upheld the Regulation 5(3) of the CARA which precludes unmarried couples from adoption in the “best interest of the child”. Since ‘Same sex couples’ marriage is not recognised they are also precluded from adoption.
Previous judgments of SC for LGBTQIA
- NALSA (2014): Recognition of transgenders as third gender.
- K.S. Puttaswamy (2017): Recognition of the right to sexual orientation as an aspect of privacy.
- Navtej Johar (2018): Decriminalisation of same-sex relationships. (Related to IPC Section 377)
