SC To Hear Petitions Seeking Review Of Same-Sex Marriage Ruling

In a new development on same-sex marriage ruling, the Supreme Court of India has agreed to hear petitions seeking a review of the 2023 judgement of refusing to recognise same-sex marriage. The review petitions have been listed in the apex court and will be heard on July 10. However, the proceeding will not be done in open court. 

SC To Hear Petitions Seeking Review Of Same-Sex Marriage Ruling

The judges who will preside over the hearing are Justices Sanjiv Khanna, BV Nagarathna, Chief Justice of India DY Chandrachud, Justice Hima Kohli and PS Narasimha. This 5-judge bench will be delivering the ruling. Notably, the earlier decision of holding legal framework and authority responsible for the recognition of same-sex marriage, delivered on October 17 2023, had Justices Sanjay Kishan Kaul and S Ravindra Bhat in the 5-judge bench. Now, the two judges have retired and been replaced by Justices Khanna and Nagarathna.    

Previously, the court emphasised the legislative realm's authority over validating unions. Senior counsel Mukul Rohatgi urged Chief Justice Dhananjaya Y Chandrachud to prioritise the review on November 28, 2023, urging a panel of five judges.

The earlier decision, refusing to recognize same-sex marriages, underscored the pressing need for a comprehensive legislative approach. The Supreme Court's nuanced stance indicated a pivotal moment, affirming that legislative bodies hold the key to addressing this matter. 

Final Outcome in #SameSexMariage Case :

#SupremeCourt refuses to recognise same-sex marriage, says it is for the legislature to do.

#SupremeCourt records the statement of the Union that it will constitute a Committee to examine the rights and benefits which can be given to… pic.twitter.com/aOMq3ymN9p

— Live Law (@LiveLawIndia) October 17, 2023

The verdict, delivered by the Supreme Court, took a nuanced stance. On one hand, it refused to recognise same-sex marriage, asserting that this is a matter for the legislature to address. On the other hand, it recorded the statement of the Union, which committed to forming a committee to examine the rights and benefits that can be extended to queer couples.

This verdict left the door open for future legislative action, offering hope for the LGBTQIA+  community that progress towards equality is indeed on the horizon.

Union's Commitment to a Committee

One of the most empowering aspects of this verdict was the Union's commitment to forming a committee. This committee's mission will be to examine the rights and benefits that can be extended to queer couples. This move is significant as it reflects a willingness on the part of the government to engage with and address the concerns of the LGBTQ+ community.

The Challenge of Existing Laws

The verdict does not strike down the Special Marriage Act and the Foreign Marriage Act for not recognizing queer marriages. While this was disappointing to those advocating for immediate legal recognition, it highlighted the complex legal framework within which the courts must operate. The refusal to strike down these acts should be seen as a call to action for lawmakers to revisit and reform these laws in the near future.

The earlier verdict, although not the final outcome, made a pivotal moment in the journey for LGBTQ+ rights. It highlighted the importance of legislative reform, government engagement, and ongoing dedication to fostering a more inclusive and just society. The struggle for LGBTQ+ rights in India continues, and this ruling was a significant chapter in that ongoing narrative. Now, with the new development in the same-sex marriage legislation, the apex court has again ignited the hope for a change.  

Views expressed by the author are their own.