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ARTICLE · 18 MAY 2023

Same Sex Marriage: Potential Implications In Employment Law

Last month, the Supreme Court of India began hearing a batch of 20 petitions seeking the legal recognition of same-sex marriages.

IndiaEmployment and HR

I. INTRODUCTION

Last month, the Supreme Court of India began hearing a batch of 20 petitions seeking the legal recognition of same-sex marriages. A five-judge constitution bench comprising the Chief Justice of India DY Chandrachud, and Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli began hearing the petitions mid-April, with both sides concluding their arguments on May 11, 2023. While at least two of these writ petitions were originally filed in the Supreme Court, nine other petitions seeking the same relief in the High Courts of Delhi and Kerala were transferred to the Supreme Court earlier this year. Acknowledging that these petitions raised issues of "seminal importance," the Supreme Court also allowed for the live streaming of the arguments.

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