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In Supriyo v. Union of India (2023), despite declining to legalize same-sex marriage, the Supreme Court affirmed that queer couples have constitutional rights to protection from discrimination, right to cohabit, and access to services without discrimination under Articles 14, 15, 19, and 21.
- True
- False
Answer: True
Supriyo (2023) rights of queer couples: (a) Context: Petitions seeking legal recognition of same-sex marriage under Special Marriage Act, 1954, (b) Supreme Court holding (5-judge Constitution Bench, 3:2 on key issues): (i) Declined to legalize same-sex marriage: Recognition involves complex policy considerations best left to Parliament, (ii) BUT affirmed rights of queer couples: (a) Protection from discrimination under Articles 14, 15, (b) Right to cohabit, form relationships under Article 21, (c) Access to services (healthcare, banking, etc.) without discrimination, (iii) Directed government to form committee to examine rights/entitlements of queer couples, (c) Applications: (i) Anti-discrimination: Queer couples can challenge discrimination in services, employment, housing under Articles 14, 15, (ii) Relationship recognition: Right to cohabit, form relationships protected under Article 21, even without marriage recognition, (iii) Institutional reform: Directions for sensitization of police, judiciary, healthcare providers to queer rights, (d) Rationale: (i) Separation of powers: Courts recognize limits of judicial expertise in complex policy design but assert role in protecting constitutional values, (ii) Rights protection: Affirms core rights (non-discrimination, dignity) while deferring complex policy questions to legislature, (iii) Democratic legitimacy: Marriage recognition requires broad social consensus, legislative deliberation, not judicial fiat, (e) Illustrates calibrated judicial philosophy: Judicial restraint in policy domain (marriage recognition), activism in rights protection (non-discrimination, dignity); balance between constitutional values and democratic legitimacy essential to constitutional democracy.