The Supreme Court on Thursday said it would consider reviewing the pleas challenging the October 17 verdict, which denied legal recognition to same-sex marriages. The review petitions will be heard in an open court on November 28.
The October 17 verdict on same-sex marriages stated that only legislative bodies, namely Parliament and state legislatures, held the authority to validate marital unions for same-sex couples.
Senior advocate Mukul Rohatgi, representing one of the petitioners, highlighted the necessity for an open court hearing to address the concerns of those seeking validation for same-sex marriages.
A bench led by Chief Justice D Y Chandrachud, accompanied by Justices J B Pardiwala and Manoj Misra, acknowledged Rohatgi’s submissions.
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“I have not examined the (review) petition. Let me circulate it (among judges of that constitution bench),” stated the Chief Justice.
Rohatgi conveyed that all judges on the Constitution Bench acknowledged a form of discrimination against queer individuals and expressed the need for relief.
SC on same-sex marriage
A constitution bench, headed by Chief Justice DY Chandrachud, delivered four separate verdicts 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.