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Personal Laws

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Supreme Court Hurdles for Same-Sex Marriage Rights and Bar Council's Stance.
law2 years ago

Supreme Court Hurdles for Same-Sex Marriage Rights and Bar Council's Stance.

The Supreme Court of India has stated that even if it decides to grant marriage rights to same-sex couples, it will refrain from determining consequential rights including adoption, succession, and inheritance as these are inseparably linked to religion-based personal laws. The court pointed out that nearly three dozen laws governed various rights accruing to spouses from a marriage and that the issues are intrinsically linked to religion-based personal law. The court appeared to mull whether it would be prudent to restrain itself to issuing a declaration, leaving execution to the legislature.