Case Comment: Equality Without Recognition? Analysing The Supreme Court’s Reasoning In The Supriyo Judgment
- IJLLR Journal
- Jan 31
- 1 min read
Sumedha Sahoo, BA LLB (Hons.), OP Jindal Global University
ABSTRACT
In October 2023, after continuous deliberations and petitions, a five-judge bench of the Supreme Court of India gave its judgment on the much-debated case of Supriyo v. Union of India. Supriyo v. Union of India brings up reformative issues of marriage equality, adoption rights and argues for the right to marry as a fundamental right. The court’s ruling against the petitioners in this case coincides with the current societal discourse surrounding same sex marriage rights and debates surrounding the separation of powers. This case comment aims to critically analyse the various arguments and justifications given by the concurring and dissenting judges in this 3:2 judgement. Moving further, the comment delves into analysing three major contentions, that is, the separation of powers between the judiciary and the legislature, the question of the right to marry being a fundamental right and adoption rights, and lastly, challenging the constitutional validity of section 4 (c) of the Special Marriage Act.
