Review petition filed against Supreme Court's landmark decision on same-sex marriage; check details

On October 17, a Constitution Bench comprising Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, had delivered a verdict rejecting the recognition of same-sex marriages.

In a significant legal development, a review petition was on Wednesday (November 1) submitted to the Supreme Court, challenging the top court's October 17 ruling, which denied the recognition of same-sex couples' rights to marry or establish civil unions. This review petition has been filed by Udit Sood, one of the original petitioners in the case.

On October 17, a Constitution Bench comprising Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, had delivered a verdict rejecting the recognition of same-sex marriages.

The Supreme Court clarified that the current legal framework does not acknowledge the right to marry or enter into civil unions for same-sex couples. The responsibility for enabling these rights through legislation rests with the Parliament. Furthermore, the Court declared that existing laws do not grant same-sex couples the right to adopt children.

The majority opinion was delivered by Justices Bhat, Kohli, and Narasimha, with Justice Narasimha presenting a separate concurring viewpoint. However, Chief Justice Chandrachud and Justice Kaul issued separate dissenting judgments.

In unanimous agreement, the judges concluded that there is no absolute right to marriage, and same-sex couples cannot assert it as a fundamental right. The challenge to provisions of the Special Marriage Act was also unanimously dismissed.

The majority opinion, represented by Justices Bhat, Kohli, and Narasimha, further affirmed that civil unions between same-sex couples are not legally recognized, and they cannot claim the right to adopt children. Nevertheless, the CJI and Justice Kaul, in their distinct minority opinions, ruled that same-sex couples have the entitlement to recognize their relationships as civil unions and can seek associated benefits.