Right to love

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10/25/2020

With the petition in the Delhi High Court asking that the Special Marriage Act be interpreted in a gender-neutral fashion allowing for the marriage of persons regardless of gender, the issue of same-sex marriage is on the table. The petitioners have a solid base to build upon in the decriminalisation decision in Navtej Singh Johar, where J Chandrachud surveys the state of international law on the point and observes that there is a ‘dramatic increase in the pace of recognition of fundamental rights for same-sex couples’ and that this ‘reflects a growing consensus towards sexual orientation equality’. If we take the way US jurisprudence on LGBT equality progressed, in 2003 same-sex intimacy was decriminalised and full marriage equality followed in 2015, just 12 years later. In South Africa, the Supreme Court decriminalised same-sex intimacy in 1999 and in 2006 the Supreme Court recognised a constitutional right to marry for same-sex couples, just seven years later. Will the Indian courts follow a similar trajectory?

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