ValkyaEditorial

Tagged “lgbtq-rights”

2 articles on lgbtq-rights.

Supreme CourtSupreme Court of India

Suresh Kumar Koushal v. Naz Foundation (2013): the Supreme Court restores Section 377

In December 2013 a two-judge Supreme Court Bench set aside the Delhi High Court's Naz Foundation judgment and restored Section 377 IPC in full, re-criminalising consensual same-sex conduct between adults. A digest of the appeal, the Court's reasoning on Articles 14, 15 and 21, and how Koushal was first criticised in Puttaswamy and finally overruled in Navtej.

Valkya Editorial··8 min
Supreme Court ReferenceSupreme Court of India

Supriyo @ Supriya Chakraborty v. Union of India: the marriage-equality reference and its judicial limits

On 17 October 2023, a five-judge Constitution Bench unanimously declined to recognise a fundamental right to marry for queer persons under the constitutional framework, and declined to read down the Special Marriage Act, 1954 to extend its substantive marriage architecture to same-sex couples. A 3:2 split on the civil-union question — Chief Justice Chandrachud and Justice Kaul supporting a civil-union framework; the majority declining — produced the disposition's most substantively contested doctrinal dimension. A digest of the holding, the doctrinal architecture, and the relationship with the *NALSA* and *Navtej* lines.

Valkya Editorial··9 min