In the series of cases known as Supriyo vs. Union of India, which are now being heard by the Supreme Court of India, the subject of whether or not members of the LGBTQIA+ community in India ought to be permitted the legal right to marry and start family as well as have and adopt children is being debated.
Individuals who wish to marry are required to post a notice in the Registrar’s office asking for public objections at least 30 days in advance. The petitioners are contesting the provisions of the Special Marriage Act of 1954, which stipulates that individuals who want to marry are required to do so. Petitioners seeking recognition of same-sex marriage cite the government’s practice of subjecting couples entering non-traditional marriages to threats and acts of violence from members of their families and members of vigilante groups as an argument against the legitimacy of the regime.
The arguments presented by the petitioners were met with unanimity and approval from the Indian Supreme Court’s Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, as well as Chief Justice DY Chandrachud. Bear in mind, however, that in 2021 the Allahabad High Court issued a ruling declaring that some provisions of the Special Marriage Act are not valid since they infringe upon the private rights of people.
Nikesh and Sonu, a gay couple, filed a case with the Kerala High Court on January 24, 2020, requesting that the court acknowledge their marriage. The petition was allowed by the court on the 27th of January. Abhijit Iyer Mitra, Gopi Shankar M, Giti Thadani, and G. Oorvas, all of whom are members of the LGBTQIA+ community and live in Delhi, filed a case with the Delhi High Court on September 8, 2020, requesting that the court acknowledge their marriage. Supriya Chakraborty and Abhay Dang, a second queer couple, submitted a plea to the Supreme Court of India on November 14, 2022, requesting that the court acknowledge their marriage.
The Supreme Court bench consisting of Chief Justice of India D.Y. Chandrachud, Justice P.S. Narasimha, and Justice J.B. Pardiwala directed nine high courts to transmit similar petitions to the Supreme Court for consideration, in addition to the original petitioners. There are twenty matters that are linked to one another that will be considered by the current bench. There are fifty-two petitioners.
