Case Commentary: Supriyo v Union of India

When it comes to LGBTQ+ rights and same-sex partnerships in India, the landmark decision in Supriyo @ Supriya Chakraborty v. Union of India1 (india, 2023) is one of the most significant constitutional judgments in recent Indian legal history. A five-judge Constitution Bench of the Supreme Court was asked to decide whether same-sex couples have a fundamental right to marry under the Indian Constitution. The Court unanimously ruled that no such unqualified right exists, and left the matter for Parliament to decide. While the judgment made important strides in affirming the dignity and rights of LGBTQ+ persons, it stopped short of granting marriage equality. This commentary argues that although the majority exercised appropriate judicial restraint, the minority opinions were more consistent with the Constitution's transformative spirit and with India's international human rights obligations. The case is significant not only for what it decided, but for the rich constitutional debate it generated about the limits of judicial power, the meaning of equality, and the Court's role in protecting minority rights against majoritarian inaction.