Key Points
Justice Chandrachud was also a member of the constitution bench, which, decriminalised sex between two gay, consenting adults by way of the 2018 Navtej Singh Johar judgment...
A same-sex couple, Supriyo and Abhay, who met in Hyderabad in December 2012, have submitted that despite building a life together, they do not enjoy the rights of married couples even though the SC has repeatedly said that all adults have the right to marry a person of their choice...
Placing reliance on the Supreme Courts judgments in Lata Singh vs State of UP (2006), Shafin Jahan vs Asokan KM (2018), and Laxmibai Chandaragi B vs The State of Karnataka (2021), the plea contends that an adult person has the right to marry a person of their choice under Article 21...
Contending that the SC has always protected inter-faith, inter-caste couples when they chose to marry, the plea draws attention to the 2017 ruling in KS Puttaswamy vs Union of India, where a nine-judge Bench said the rights of LGBTQ persons cannot be construed as being so-called rights, but are real rights founded on sound constitutional doctrine...
A year later, in Navtej Singh Johar & Ors vs UOI, the SC held that members of the LGBTQ community are entitled to the full range of constitutional rights including the liberties protected by the Constitution...
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