When Discrimination is Not Enough - The Indian Supreme Court’s Rejection of Marriage Equality and the Illusion of Fairness

Abstract

The Supreme Court, India’s apex constitutional court, recently delivered its disappointing decision in Supriyo Chakraborty v Union India (Supriyo), rejecting marriage equality in Indian law. The much-awaited decision was heard by a constitution bench (five judges) of the Supreme Court and dealt with far-reaching questions of both Indian constitutional law and family law. The decision is characteristic of the Indian Supreme Court’s ongoing phase of great deference to the executive and legislative branches but also marks a sharp and worrying break from the court’s otherwise progressive jurisprudence on issues of gender and sexuality.

Keywords

• Equality
• gender and sex discrimination
• LGBT Rights
• LGBTQ
• Same Sex Marriage