NEW DELHI: The Supreme Court of India will review its October 17, 2023, ruling that denied legal recognition to same-sex marriages. A Constitution bench comprising Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha, and Justice Dipankar Datta will hear about 13 petitions related to the case on January 9.
The review petitions will be considered in chambers as per Supreme Court rules, with the judges examining the documents without the presence of counsel. The top court had previously declined an open-court hearing for the review and constituted the new bench after Justice Sanjiv Khanna, the current Chief Justice, recused himself from hearing the petitions on July 10, 2024.
Justice P S Narasimha, the only member of the original five-judge Constitution bench that delivered the October verdict, will remain on the new bench, as former CJI D Y Chandrachud and Justices S K Kaul, Ravindra Bhat, and Hima Kohli have retired.
In its October ruling, the bench led by then CJI Chandrachud refused to grant legal sanction to same-sex marriages, stating there was “no unqualified right” to marriage, except for those recognized by law. However, the Court emphasized the protection of rights for the LGBTQIA+ community, calling for measures to prevent discrimination, and suggested the establishment of safe houses, or “garima greh,” in all districts to provide shelter for members facing harassment and violence, along with dedicated hotlines for their support.
The bench also affirmed that transpersons in heterosexual relationships had the right to marry under existing laws. However, the Court maintained that the legal recognition of same-sex unions, similar to marriage or civil unions, could only be achieved through legislation enacted by Parliament. The five-judge bench delivered four separate opinions on the 21 petitions seeking legal recognition of same-sex marriages but was unanimous in rejecting the recognition of such unions under the Special Marriage Act, placing the responsibility for change on Parliament.
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