Same-Sex Marriage: Supreme Court Agrees to Review Petition in Open Court

On Thursday, the Supreme Court agreed to consider a review petition challenging its October verdict, which had denied recognition to same-sex marriages. The court is set to address the petitions seeking a reconsideration of the judgment on same-sex marriages on November 28.

The review petition was filed by Udit Sood, one of the nearly 50 petitioners who originally sought marriage equality for the LGBTQAI+ community in India. The petition argued that while the majority judgment acknowledged discrimination against queer couples, it merely wished them well for the future.

Senior Advocate Mukul Rohatgi presented the plea before the bench, consisting of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, which agreed to consider it.

Rohatgi informed the bench that the review petitions should be heard in open court. He emphasized that despite the entire bench concurring that the denial of the right to marriage for individuals of the same gender amounted to discrimination, relief was denied in the previous verdict.

“All judges agree that there is some discrimination in the case. If there is discrimination, then there has to be a remedy. Lives of a large number of people depend on it. We have urged for an open court hearing. It is to be listed on November 28. We are seeking an open court hearing,” he stated.

On October 17, the Supreme Court, in a unanimous decision by a five-judge constitution bench, refused to grant legal recognition to same-sex marriages, asserting that it was the prerogative of Parliament to enact laws enabling such recognition. While there was a consensus that there was no fundamental right to marry, Chief Justice DY Chandrachud and Justice Sanjay Kishan Kaul advocated for the acknowledgment of same-sex partnerships and called for anti-discrimination laws to protect the rights of LGBTQIA+ individuals.