SUPRIYO @ SUPRIYA CHAKRABORTY & ANR versus UNION OF INDIA

SUPRIYO @ SUPRIYA CHAKRABORTY & ANR versus UNION OF INDIA

The Court held that there is no unqualifi ed fundamental right to marry under the Constitution and that legal recognition of marriage or a statutory civil-union status is a matter for the legislature; the Special Marriage Act, 1954 and the Foreign Marriage Act, 1969 cannot be judicially rewritten to enable same-sex marriage; transgender persons in heterosexual relationships can marry under existing laws; while the Court declined to create a statutory marriage regime for queer unions, it recognized indirect discriminatory impacts upon queer couples caused by existing laws and public schemes and issued directions requiring the State to address such impacts, including constituting a...

Parties
Petitioners: Supriyo @ Supriya Chakraborty & Anr.; Respondent: Union of India
Jurisdiction
India
Judgment Date
17 October 2023
Procedural Posture
Writ Petition (civil) / Final Judgment of the Supreme Court of India (disposal of Writ Petitions)
Outcome
Writ petitions disposed of. The Court declined to read same-sex marriage into the Special Marriage Act or to declare a constitutional right to marry that would compel statutory recognition; claims to judicial creation of a civil-marriage regime were rejected; the Court recognized indirect discrimination faced by...
Legal Topics
Right to Marry, Civil Unions, Special Marriage Act, 1954, Foreign Marriage Act, 1969, Adoption Regulations/cara Regulations, Transgender Persons (protection of Rights) Act, 2019, Indirect Discrimination, Separation of Powers, Article 14, Article 15, Article 19, Article 21, Article 25
Constitutional Law Family Law Adoption Law Administrative Law Human Rights LGBTQ Rights Transgender Rights Right to Marry +12 more

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Parties

Supriyo @ Supriya Chakraborty & Anr.

Petitioners

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment of the Supreme Court of India (disposal of Writ Petitions)

Legal Issues

  1. 1 Whether the Constitution recognises a fundamental right to marry applicable to same-sex or LGBTQ+ couples
  2. 2 Whether the Special Marriage Act, 1954 and the Foreign Marriage Act, 1969 are unconstitutional or capable of gender-neutral interpretation to permit same-sex marriage
  3. 3 Whether transgender persons have the right to marry under existing law

Ratio Decidendi

The Court held that there is no unqualifi ed fundamental right to marry under the Constitution and that legal recognition of marriage or a statutory civil-union status is a matter for the legislature; the Special Marriage Act, 1954 and the Foreign Marriage Act, 1969 cannot be judicially rewritten to enable same-sex marriage; transgender persons in heterosexual relationships can marry under existing laws; while the Court declined to create a statutory marriage regime for queer unions, it recognized indirect discriminatory impacts upon queer couples caused by existing laws and public schemes and issued directions requiring the State to address such impacts, including constituting a...

Court Disposition

Writ petitions disposed of. The Court declined to read same-sex marriage into the Special Marriage Act or to declare a constitutional right to marry that would compel statutory recognition; claims to judicial creation of a civil-marriage regime were rejected; the Court recognized indirect discrimination faced by...