An early hearing was sought on the review petition from the Supreme Court in the matter of recognition of same-sex marriage. The court sought an open court hearing. CJI DY Chandrachud said he had not seen the petitions. They will look and consider scheduling a hearing. Senior advocate Mukul Rohatgi said all the judges agreed that there was discrimination. If there is discrimination, it should also be remedied. A large number of people’s lives depend on it. We requested an open court hearing. It is scheduled to be listed on November 28. We are demanding an open court hearing. It may be noted that as per the rules, review petitions are considered by judges in chambers, although in some cases the Supreme Court also decides to hear them in open court.
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A review petition has been filed in the Supreme Court. An early hearing has been sought in the Supreme Court on behalf of the petitioners. A review petition has been filed against the Constitution Bench’s decision in the same-sex marriage case. The petition has requested the Supreme Court to reconsider its decision. A five-judge bench headed by the CJI appealed to reconsider the decision. Petitioners have filed an application.
On October 17, the Supreme Court refused to grant recognition
On 17 October, a five-judge constitutional bench with a majority of 3:2 refused to grant legal recognition to same-sex marriage. A Constitution bench of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha ruled against the recognition of same-sex marriage on 17 October. The court said that the law as it exists today does not recognize the right to marry or the right of same-sex couples to enter into a civil union and it is for Parliament to legislate to enable this. The court also said that the law does not recognize the rights of same-sex couples to adopt children. Justice Bhat, Justice Kohli and Justice Narasimha delivered the majority opinion. CJI Chandrachud and Justice Kaul delivered separate dissenting judgments. All the judges agreed that there is no right to marry and same-sex couples cannot claim it as a fundamental right. The court also unanimously struck down the provisions of the Special Marriage Act.
Key decision points
A majority judgment comprising Justice Bhat, Justice Kohli and Justice Narasimha also held that relationships between same-sex couples are not recognized under the law and cannot claim the right to adopt children, though CJI Chandrachud and Justice Kaul, in their separate minority opinion, upheld the judgment. provided that same-sex couples are entitled to have their relationship recognized as a civil union and can claim the resulting benefits. He also said that such couples have the right to adopt children. It is worth mentioning that after this decision, Justice S.Ravindra Bhat, who was in the constitutional bench, retired. Now the CJI will involve another judge in the constitution bench in this matter. These revision petitions will then be considered in chambers. A constitutional bench will decide whether these cases should be heard in open court or not.