'No Interference Warranted': SC Rejects Pleas To Review Same Sex Marriage Verdict
A five-judge bench, led by Justice BR Gawai, stated there was no error in the original ruling
The Supreme Court on Thursday dismissed petitions seeking to review its verdict on same-sex marriage, noting that no interference is warranted in this case. A five-judge bench, led by Justice B R Gawai, stated there was no error in the original ruling.
The Court had previously ruled that current laws do not recognise the right to marriage or the right of same-sex couples to enter into civil unions. It clarified that it is the responsibility of Parliament to create laws to address these issues.
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Additionally, the ruling clarified that same-sex couples do not have the legal right to adopt children.
The majority opinion was delivered by Justices Bhat, Kohli, and Narasimha. Justice Narasimha also delivered a separate concurring opinion, Bar and Bench reported.
Previous ruling
In the October 2023 verdict, the Supreme Court was split 3-2, with the majority ruling that it could not legalise same-sex marriages, stating that the power to enact such a law lies with Parliament.
The bench declined to grant legal recognition to same-sex marriage under the Special Marriage Act, stating that there was “no unqualified right" to marriage except those recognised by law.
It deferred the decision on whether to recognise same-sex marriages to Parliament and state legislatures, emphasising that it could not declare the Special Marriage Act void or alter its provisions.
During the verdict, the CJI also called on the Centre, states, and Union Territories (UTs) to ensure the queer community faces no discrimination, recognising queerness as a natural phenomenon that has existed for ages and is not limited to urban or elitist circles.
The LGBTQIA++ rights activists, who had won a major legal battle in 2018 in the Supreme Court which decriminalised consensual gay sex, had moved the apex court seeking validation of same-sex marriage and consequential reliefs such as rights to adoption, enrolment as parents in schools, opening of bank accounts and availing succession and insurance benefits.
Some of the petitioners had urged the apex court to use its plenary power, “prestige and moral authority" to push the society to acknowledge such a union which would ensure LGBTQIA++ lead a “dignified" life like heterosexuals.
LGBTQIA++ stands for lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual and allied persons.
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