The petitions will be examined by a specially constituted five-judge bench, including Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and Pamidighantam Sri Narasimha.
NEW DELHI: Today (5th July): The Supreme Court is set to review petitions challenging the landmark verdict on same-sex marriage on Wednesday, July 10. Thirteen petitions have been filed, urging a re-evaluation of the legal recognition for same-sex marriages in India.
The petitions will be examined by a specially constituted five-judge bench, including Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and Pamidighantam Sri Narasimha.
Justices Khanna and Nagarathna have replaced Justices Sanjay Kishan Kaul and S Ravindra Bhat, who were part of the original bench that delivered the previous verdict but have since retired.
These petitions will be scrutinized in the judges’ chambers to determine if an open court hearing is necessary.
In the October 2023 verdict, the Supreme Court refused to legally recognize same-sex marriages, stating that such recognition falls within the legislature’s domain. The five-judge constitution bench unanimously declared that there is no fundamental right to marry and referred the decision on same-sex marriage legislation to Parliament.
Despite the unanimous decision, Chief Justice Chandrachud and Justice Kaul advocated for the recognition of same-sex partnerships and emphasized the need for anti-discrimination laws to protect LGBTQIA+ rights. They also argued for the right of same-sex couples to adopt children. However, the bench was divided on the adoption issue, ruling 3:2 against it.
The current review petitions challenge the 2023 verdict, seeking a more inclusive interpretation of marriage laws that extends to same-sex couples.
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