Same-sex marriage verdict: SC to consider review petitions on November 28

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• Nov 23, 2023 | Dhupali Das

The Supreme Court said on Thursday that it would consider reviewing the landmark October 17 verdict that denied...

Digital Desk: The Supreme Court said on Thursday that it would consider reviewing the landmark October 17 verdict that denied legal recognition to same-sex marriages. The review petitions, set to be heard in an open court on November 28, come in response to the earlier ruling, which vested the authority to validate marital unions for same-sex couples solely in legislative bodies such as Parliament and state legislatures.

Senior advocate Mukul Rohatgi, representing one of the petitioners, emphasized the importance of an open court hearing to address the concerns of those seeking validation for same-sex marriages. The bench, led by Chief Justice D Y Chandrachud and accompanied by Justices J B Pardiwala and Manoj Misra, acknowledged Rohatgi’s submissions.

“I have not examined the (review) petition. Let me circulate it (among judges of that constitution bench),” stated Chief Justice Chandrachud.

Rohatgi conveyed that all judges on the Constitution Bench acknowledged a form of discrimination against queer individuals and expressed the need for relief.

The October 17 verdict, delivered by a constitution bench headed by Chief Justice Chandrachud, produced four separate judgments on 21 petitions seeking legal recognition for gay marriages. While unanimity prevailed among the five judges in denying legal backing to same-sex marriages under the Special Marriage Act, a 3:2 majority ruled against granting adoption rights to queer couples.

The court maintained that it is within the reach of Parliament to amend laws validating such unions, stirring anticipation as the nation awaits the outcome of the upcoming review.