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Supriyo a.k.a Supriya Chakraborty & Abhay Dang v. Union of India thr. Its Secretary, Ministry of Law and Justice & other connected cases (2023) are a collection of landmark cases of the Supreme Court of India, which were filed to consider whether to extend right to marry and establish a family to sexual and gender minority individuals in India. [4]
On 25 November 2022, the Supreme Court of India agreed to hear a case, Supriyo v. Union of India, challenging the government's refusal to recognise same-sex marriages under the Special Marriage Act. The lead plaintiffs were Supriyo Chakraborty and Abhay Dang, a couple from Hyderabad.
However, the case Supriyo v. Union of India (2023) stopped short of ruling in favor a right to marriage, civil union or adoption for same-sex couples under existing law, instead placing the onus on Parliament and the Cabinet to pass successive legislation to define the rights of same-sex couples.
In India, landmark court decisions come most frequently from the Supreme Court of India, which is the highest judicial body in India. High courts of India may also make such decisions, particularly if the Supreme Court chooses not to review the case or if it adopts the holding of the lower court.
National Legal Services Authority v. Union of India (2014) is a landmark judgement of the Supreme Court of India, which declared transgender people the 'third gender', affirmed that the fundamental rights granted under the Constitution of India will be equally applicable to them, and gave them the right to self-identification of their gender as male, female or third gender.
[13] [14] On 6 January 2023, their petitions were transferred to Supreme Court to be heard along with Supriyo v. Union of India (2023). [18] [19] Additionally, most of the petitioners challenged the notice and objection provisions of the Special Marriage Act and the Foreign Marriage Act of 1969 which hurt vulnerable minorities. [15] [17]
On 6 January 2023, the Supreme Court of India transferred all the pending High Court Cases to itself and consolidated into Supriyo v. Union of India. [154] By 13 March 2023, the Supreme Court of India had admitted 20 petitions filed by 52 queer people pursuing the right to marry without discrimination against gender identity or sexual orientation.
S. R. Bommai v. Union of India; Sarla Mudgal, & others. v. Union of India; Satyam Infoway Ltd. v. Sifynet Solutions Pvt. Ltd. Mohd. Ahmed Khan v. Shah Bano Begum; Shreya Singhal v. Union of India; Sonipat-Kharkhoda IMT land case; Stanislaus v. State of Madhya Pradesh; State of Madras v. Champakam Dorairajan; Supriyo v. Union of India; Suresh ...