Today(on 9th July),Petitioners seeking a review of the Supreme Court verdict denying marriage equality to the queer community requested an open court hearing before a three-judge bench led by CJI Chandrachud.
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NEW DELHI: Today(on 9th July), Petitioners who filed a review plea against the Supreme Court verdict denying marriage equality to the queer community requested an open court hearing. The plea was orally mentioned before a three-judge bench led by Chief Justice of India (CJI) DY Chandrachud.
Despite the request, the CJI stated-
“How can the review be conducted in open court? You’re aware this is usually done in chambers,”
indicating that such reviews are conducted in chambers and not in open court.
Senior Advocate NK Kaul represented the petitioners in the review petition against the Supreme Court’s decision that refused to recognize same-sex marriages as valid in law. He reiterated the need for reconsideration, but the CJI clarified the procedural norms.
“Whether review petitions should be heard in open court is decided by judges in chambers, without the presence of lawyers.”
-the CJI said, emphasizing that the process for deciding whether a review petition can be heard in open court is also determined by judges in chambers without the presence of lawyers.
The review plea will be considered by a five-judge bench led by CJI Chandrachud, which includes Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha. Notably, two of the judges from the original five-judge bench, Justices Ravindra Bhat and SK Kaul, who delivered the judgment on same-sex marriage, retired in 2023.
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In October of the previous year, a five-judge constitutional bench of the Supreme Court ruled against legalizing same-sex marriage in India. The ruling stated that there was no fundamental right to marry and that the court could not recognize the right of LGBTQIA+ persons to marry under the Special Marriage Act.
Udit Sood, a patent attorney and one of the petitioners in the case, filed a review petition challenging the apex court’s order from October 2023. The review petition aims to contest the Supreme Court’s unanimous decision, which upheld the validity of the Special Marriage Act, 1954, and refused to recognize the right of same-sex couples to enter into marriages or have civil unions.
The petitioners argue that the verdict denying marriage equality is a significant setback for the LGBTQIA+ community in India. They assert that marriage is a fundamental right that should be accessible to all individuals, regardless of their sexual orientation. The denial of this right, according to the petitioners, perpetuates discrimination and violates the principles of equality and non-discrimination enshrined in the Indian Constitution.
The Supreme Court’s decision has widespread debate and disappointment among activists and supporters of marriage equality. Many believe that the court missed an opportunity to advance the rights of the queer community and to align India’s legal framework with international human rights standards.
As the review petition progresses, the petitioners remain hopeful that the Supreme Court will reconsider its stance and acknowledge the fundamental rights of LGBTQIA+ individuals. They argue that recognizing same-sex marriages would be a significant step towards achieving equality and justice for all citizens.
The Supreme Court’s refusal to recognize same-sex marriages has broader implications for the LGBTQIA+ community, impacting their rights to family life, inheritance, and social security. Advocates argue that denying marriage equality perpetuates social stigma and reinforces systemic discrimination against queer individuals.
ALSO READ:Review Petition Filed Against Supreme Court’s Decision on Same-Sex Marriage
