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.
FollowIn 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.
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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.
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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.
