The Allahabad High Court has granted protection to a same-sex couple in a live-in relationship, holding that two consenting adults have a fundamental right under Article 21 to live together peacefully, irrespective of their sexual orientation or of social and family opposition. Relying on Navtej Singh Johar and Supriyo, the Court held that while legal recognition of same-sex marriage is a matter for the legislature, the absence of marital status gives no third party or authority the licence to attack the dignity or physical safety of adult citizens.
A same-sex couple has asked the Karnataka High Court to read the word ‘spouse’ in the Income Tax Act’s gift-exemption provision to include them, after one partner’s gift of a gold-bracelet heirloom to the other was treated as taxable income. The Centre has opposed the plea, arguing that ‘spouse’ takes its meaning from a legally recognised marriage, that the classification rests on marital status rather than sexual orientation, and that recognising same-sex marriage was left by the Supreme Court to Parliament.
In an affidavit before the Delhi High Court, the Centre has said a competent adult should be allowed to nominate a partner, including a partner in a queer relationship, to take healthcare decisions in the event of incapacity, and that the relief sought can be accommodated within the existing legal and ethical framework. The petition seeks recognition of a non-heterosexual partner as a medical representative.
Today, On 9th December, The Supreme Court dismissed review petitions challenging its earlier verdict on queer marriages. The court reiterated its stand, stating that legalizing same-sex marriages requires legislative action, not judicial intervention. Petitioners had sought a reconsideration of the ruling, citing concerns over equal rights. The decision upholds the court’s original stance on the matter.
Justice Ujjal Bhuyan, born on August 2, 1964, in Guwahati, Assam, became a Supreme Court Judge on July 14, 2023. With a long career in law, specializing in revenue and taxation, he served in various judicial positions, including Chief Justice of Telangana High Court. Notable judgments include invalidating the Telangana Eunuchs Act, 1919.
Justice K.V. Viswanathan, born on May 26, 1966, in Kerala, became a Supreme Court judge on May 19, 2023. He has a notable legal career, becoming a Senior Advocate in 2009 and representing key cases, including marriage equality and privacy rights. He is anticipated to ascend as India’s 58th Chief Justice in 2030.
On November 9, 2024, a ceremonial bench will honor CJI D.Y. Chandrachud on his final working day, marking his impactful tenure focused on judicial transparency, inclusivity, and technological advancement. Justice Sanjiv Khanna, his successor, is expected to continue these reforms while addressing current judicial challenges. Chandrachud’s legacy will shape future judicial practices.
The manifestos of the Congress and CPI(M) parties aim to make changes to India’s legal landscape. Both parties have proposed repealing controversial laws such as the Citizenship Amendment Act (CAA) and the Unlawful Activities (Prevention) Act (UAPA). Additionally, they advocate for bifurcating the Supreme Court, likely to address issues related to the workload and efficiency of the judiciary.