In this piece, the author makes an analytical comparison of marriage equality litigation in Costa Rica and India and argues why the court’s decision in India must follow a similar line of thought as that adopted by the Costa Rican Court while taking into account the approach adopted by the Indian Supreme Court in the Vishaka case.
Marriage Equality: Why the Supreme Court is the Final Arbiter?
This article revolves around the premise of why the Supreme Court is the legitimate arbiter in deciding the case of marriage equality in the country and why, as contrasted by some political and legal entities, it can be the final arbiter to the same. The SC must not refrain from upholding constitutional democracy in India and this premise is one such area that demands the application of such democratic ideals.