Current Version
| Region | India |
| Issue | Same-sex marriage |
| Status | Unregistered cohabitation |
| Start Date | Oct 17, 2023 |
| End Date | (none) |
| Description | In the Supreme Court case of Supriyo @ Supriya Chakraborty v. Union of India, a five-judge Constitutional Bench held that LGBTQ+ persons have the right to choose a partner, cohabit and enjoy physical & mental intimacy, free from physical threat and coercive action. The State is bound to protect the exercise of these rights. |
| Sources | Supriyo @ Supriya Chakraborty v. Union of India (2023) 2023 INSC 920 (Supreme Court of India) [https://web.archive.org/web/20231017125118/https://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf] |
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Revision History (2)
edited by sushilkumarprem. The first Supreme Court ruling for unregistered cohabitation (the same case where they denied Marriage Equality)
Helpful?
0 | Old Value (Original) | New Value (Current) | |
|---|---|---|
| Start Date | Aug 16, 2022 | Oct 17, 2023 |
| Description | Indian LGBTQ couples are able to obtain some limited rights as a live-in couple. The August 2022 Supreme Court decision Deepika Singh v. Central Administrative Tribunal widened the definition of family. Familial relationships may take the form of domestic, unmarried partnerships or queer relationships. A household may be a single parent household for any number of reasons, including the death of a spouse, separation, or divorce. Similarly, the guardians and caretakers (who traditionally occupy the roles of the “mother” and the “father”) of children may change with remarriage, adoption, or fostering. These manifestations of love and of families may not be typical but they are as real as their traditional counterparts. Previously in 2020,the Uttarakhand High Court ruled same-sex couples have a right to unregistered cohabitation, although the ruling did not spread nationally. There was also limited minimal recognition in some jurisdictions of the nation. | In the Supreme Court case of Supriyo @ Supriya Chakraborty v. Union of India, a five-judge Constitutional Bench held that LGBTQ+ persons have the right to choose a partner, cohabit and enjoy physical & mental intimacy, free from physical threat and coercive action. The State is bound to protect the exercise of these rights. |
Show Difference | ||
| Sources | https://www.nytimes.com/2022/08/30/world/asia/india-supreme-court-same-sex.html https://main.sci.gov.in/supremecourt/2021/12450/12450_2021_3_28_37306_Judgement_16-Aug-2022.pdf https://theprint.in/judiciary/cant-marry-but-same-sex-couples-have-right-to-live-together-uttarakhand-high-court/444706/ | Supriyo @ Supriya Chakraborty v. Union of India (2023) 2023 INSC 920 (Supreme Court of India) [https://web.archive.org/web/20231017125118/https://main.sci.gov.in/supremecourt/2022/36593/36593_2022_1_1501_47792_Judgement_17-Oct-2023.pdf] |
Show Difference | ||
created by PersianArchitecture
Helpful?
0 | Original entry | |
|---|---|
| Status | Unregistered cohabitation |
| Start Date | Aug 16, 2022 |
| End Date | (none) |
| Description | Indian LGBTQ couples are able to obtain some limited rights as a live-in couple. The August 2022 Supreme Court decision Deepika Singh v. Central Administrative Tribunal widened the definition of family. Familial relationships may take the form of domestic, unmarried partnerships or queer relationships. A household may be a single parent household for any number of reasons, including the death of a spouse, separation, or divorce. Similarly, the guardians and caretakers (who traditionally occupy the roles of the “mother” and the “father”) of children may change with remarriage, adoption, or fostering. These manifestations of love and of families may not be typical but they are as real as their traditional counterparts. Previously in 2020,the Uttarakhand High Court ruled same-sex couples have a right to unregistered cohabitation, although the ruling did not spread nationally. There was also limited minimal recognition in some jurisdictions of the nation. |
| Sources | https://www.nytimes.com/2022/08/30/world/asia/india-supreme-court-same-sex.html https://main.sci.gov.in/supremecourt/2021/12450/12450_2021_3_28_37306_Judgement_16-Aug-2022.pdf https://theprint.in/judiciary/cant-marry-but-same-sex-couples-have-right-to-live-together-uttarakhand-high-court/444706/ |
Reports (2)
- Status is not correct "The referred portion of Deepika Singh v. Central Administrative Tribunal is obiter dictum, not ratio decidendi."
- Newer law has been passed "According to The Guardian, India’s supreme court declines to legally recognise same-sex marriage"