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Supreme Court’s Monthly Review: October 2023

What happened at the Supreme Court in October 2023? We recap all the notable developments.

7th Nov 2023

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Justice S.R. Bhat's Majority in the Marriage Equality Judgement

Analysis

Marriage Equality Judgement: Overlooking fundamental rights

Justice Bhat’s refusal to uphold the directions to protect LGBTQIA+ persons seems inconsistent with his own understanding of Part III Rights

4th Nov 2023

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Analysis

Monthly Review: October 2023

October saw the marriage equality judgement, revival of seven-judge benches, Justice Bhat’s retirement and more

3rd Nov 2023

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marriage rights

Analysis

Marriage Equality: The courts were not the right forum to approach

The marriage rights of sexual minorities involve a polycentric dispute that falls squarely within the legislative domain

3rd Nov 2023

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Analysis

A Long Road to Nowhere: On the Many Disappointments of the Marriage Equality Case

The Court undertook a selective reading of its own jurisprudence while upholding the constitutionality of the Special Marriage Act

27th Oct 2023

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SCO Explains: A Chief Justice in the minority: Why does this matter?

15% of dissents by a Chief Justice in a Constitution Bench were in the last two years alone. What does this mean?

25th Oct 2023

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SCO Explains: The plea for marriage equality judgement

A five-judge bench rejected the plea for queer persons right to marry in India. What did the Court say?

and

23rd Oct 2023

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Analysis

Queer Persons’ Right to Marry: Court in Review

Tracing the Supreme Court's decisions on queer persons' right to marriage and family.

28th Jun 2023

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Analysis

The Uses and Abuses of Marital Privacy

How strong is the marital privacy argument to justify marital rape exception in a post-Puttaswamy era?

22nd May 2023

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Plea for Marriage Equality Day #10

The petitioners concluded their rejoinder arguments and the Bench reserved judgement.

11th May 2023

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Plea for Marriage Equality Day #9

The respondents reiterated that Parliament was the only competent authority to recognise marriage equality.

10th May 2023

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Same Sex Marriage Equality

Analysis

Going Beyond Marriage: A Case for Relational Equality

Some of the petitions in the marriage equality case argue for more than the right to marry. They ask for the right to a chosen family.

10th May 2023

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