‘No error’: SC rejects review petitions on same-sex marriage judgment
New Delhi: The Supreme Court on Thursday dismissed a series of review petitions challenging its October 2023 judgment, which had declined to grant legal recognition to same-sex marriages or civil unions. A bench consisting of Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Justice Dipankar Datta considered the petitions in chambers.
The bench, in its order, said that it had carefully reviewed the earlier judgment and found no errors that warranted interference. “We have carefully gone through the judgments delivered by S Ravindra Bhat (former judge), speaking for himself and for Justice Hima Kohli (former judge), as well as the concurring opinion expressed by one of us (Justice Pamidighantam Sri Narasimha), constituting the majority view. We do not find any error apparent on the face of the record,” the bench stated.
The court further clarified that both the majority and concurring opinions were consistent with existing laws. “We further find that the view expressed in both the judgments is in accordance with the law and, as such, no interference is warranted. Accordingly, the review petitions are dismissed,” it added.
The review petitions arose following the October 17, 2023, judgment in which the court, by a 3-2 majority, ruled that the legal recognition of same-sex marriages was beyond the court’s jurisdiction, falling instead within the legislative domain. Justices Bhat, Kohli, and Narasimha formed the majority, while CJI DY Chandrachud and Justice Kaul dissented, advocating for the protection of constitutional rights for queer individuals.
The petitions challenged the majority decision, labelling it “manifestly unjust” and incompatible with constitutional principles. “The refusal to protect civil unions or grant adoption rights is a denial of justice for queer individuals,” argued Udit Sood, a US-based lawyer and one of the petitioners. Advocates for the LGBTQIA+ community expressed disappointment, arguing that the ruling failed to deliver substantive rights for non-heterosexual couples despite acknowledging their ongoing discrimination.
