The Supreme Court on Thursday dismissed petitions seeking a review of its October 2023 judgment that declined to grant legal recognition to same-sex marriages in India.
A five-judge bench comprising Justices BR Gavai, Suryakant, BV Nagarathna, PS Narasimha and Dipankar Datta reviewed the pleas in chambers and ruled that the earlier judgments contained no errors. The bench stated, “We do not find any error apparent on the face of the record”, dismissing the review petitions.
The bench was reconstituted after Justice Sanjiv Khanna recused himself from hearing the case in July 2024.
What did the October 2023 judgement say?
The October 2023 ruling by a Constitution bench led by then-Chief Justice DY Chandrachud had refused to accord legal status to same-sex marriages, holding that there was “no unqualified right” to marriage except as recognised by law. CJI Chandrachud had emphasised that the Special Marriage Act and other laws governing marriage fall within the legislative domain, leaving it to Parliament to address the matter.
While the judgment did not legalise same-sex unions, it included directions to prevent discrimination against LGBTQIA+ individuals. These measures were aimed at promoting inclusivity and protecting the community from prejudice and harassment.