In the 10th episode of Couple of Lawyers: Arguments & Thought, we dive into the Supreme Court of India’s October 2023 decision on same-sex marriage. The Court chose to defer the issue to Parliament, emphasizing that fundamental changes in family law should be decided democratically. While not legalizing same-sex marriage, the Court acknowledged the discrimination faced by LGBTQIA+ individuals and established a committee to explore limited rights and protections for same-sex couples in areas like property, healthcare, and pensions.
This episode unpacks the decision’s implications, the historical context of LGBTQIA+ rights in India, and the role of the judiciary versus Parliament in driving social change. We’ll also take a look at recent international progress on marriage equality and consider what the future might hold for LGBTQIA+ rights in India.
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