The Karnataka High Court was told that excluding same-sex couples from the spouse benefit under the Income Tax Act amounts to discrimination on the ground of sex and violates Article 15.
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.
The landmark case Supriyo Chakraborty & Anr. v. Union of India reshaped discussions on constitutional rights and marriage in India. While it denied a fundamental right to marry, the judgment acknowledged systemic discrimination against the LGBTIQ+ community. Also, the Supreme Court of India recently , on 9th of January,2025 rejected review petitions that challenged its previous ruling, which did not legally recognize queer marriages under Indian law.
