Supriyo @ Supriya Chakraborty v. Union of India

In this significant case, a five-judge Constitution Bench considered whether same-sex couples have a fundamental right to marry under the Indian Constitution. Multiple petitions sought recognition of same-sex marriages under the Special Marriage Act, 1954. The Court delivered a split verdict (3:2), with the majority declining to legalize same-sex marriages or civil unions. While unanimously affirming the dignity, equality, and constitutional protection for LGBTQ+ persons, the majority held that the right to marry is not a fundamental right and that creating civil unions would amount to judicial legislation. The minority (CJI Chandrachud and Justice Kaul) favored recognizing civil unions for queer couples. The Court unanimously struck down discriminatory provisions in adoption regulations and directed the government to ensure non-discrimination against queer persons in accessing services.