Case Analysis On Supriyo @ Supriya Chakraborty & Anr. V. Union Of India (2023 INSC 920)

Arundhati Chatterjee, BBA LLB, Presidency University, Bangalore

ABSTRACT

The landmark 2023 judgment of the Supreme Court in Supriyo @ Supriya Chakraborty & Anr. v. Union of India is the first substantive ruling that considers whether LGBTQ couples have a fundamental right to marry or enter into legally recognized unions under the Constitution of India. A batch of petitions was filed before the SC by members of the LGBTQ community, seeking recognition of their right to marriage on par with heterosexual couples and challenging gendered terms in marriage laws that exclude same-sex couples. This resulted in a split opinion, with the majority led by CJI Dr. D. Y. Chandrachud recognizing a constitutional right to a union though not a right to marry per se. The ruling directs the Union government to set up a committee for determining the scope of entitlements for queer couples in unions but refrains from explicit recognition of same-sex marriage under existing laws due to institutional limitations of the Court. While concurring opinions by Justice Kaul and Narasimha differed on certain aspects, Justice Bhat in his dissent completely rejected the idea of an affirmative constitutional right in this sphere. The judgment raises several questions about the judiciary's role in social transformations, its interface with the legislature on matters of policy, and interpretive processes in constitutional adjudication.