Facts Issues Raised ContentionsPetitioner’s Arguments1. Articles 14, 19 and 21 grant the fundamental right of marriage.The freedom of choice and marriage of the person one loves falls under personal freedom and dignity, the petitioners argued. Marriage is a social institution and not a personal matter, as the Supreme Court had already ruled in earlier cases of Shafin Jahan and Navtej Johar, the petitioners argued. Depriving same-sex couples of this privilege infringes on their constitutional rights of equality, autonomy and expression.2. A breach of Equality Be. fore the Law, Article 14The contention that laws like the Special Marriage Act, …
India v Same Sex Couple’s Petition (2023) Read More »