New Delhi: The Supreme Court on Thursday (January 9) dismisses a batch of review petitions seeking review of top court’s verdict in October 2023 refusing to accord legal recognition of same-sex marriages.
A bench comprising Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha and Justice Dipankar Datta considered about 13 petitions seeking review of apex court’s verdict in chambers and dismissed the pleas.
What did the bench say while rejecting review pleas?
“We have carefully gone through the judgments delivered by Hon’ble Mr S Ravindra Bhat (former judge) speaking for himself and for Hon’ble Ms Justice Hima Kohli (former judge) as well as the concurring opinion expressed by one of us (Hon’ble Mr Justice PS Narasimha), constituting majority view. We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed,” the bench said.
Justice PS Narasimha was only member of original Constitution bench
Justice PS Narasimha is the only member of the original Constitution bench which comprised five judges which delivered the verdict on the matter, as former CJI DY Chandrachud and Justices SK Kaul, Ravindra Bhat, and Hima Kohli have retired.
The new bench was constituted by the apex court after Justice Sanjiv Khanna, the present Chief Justice of India, recused from hearing the review petitions on July 10 last year.
SC bench unanimously refused to accord legal recognition to same-sex marriage under Special Marriage Act
The five-judge constitution bench of the apex court unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act. It said that it is for the Parliament to take a call whether a change in the regime of the Special Marriage Act (SMA) is required for validating such union.
Apex court, however, made a strong pitch for rights of LGBTQIA++ persons
The bench, however, had made a strong pitch for the rights of LGBTQIA++ persons in order to ensure that the community does not face discrimination. The bench said that queerness is not urban elite and homosexuality or queerness is not an urban concept or restricted to the upper classes of the society.
The five-judge bench had also recorded the submissions made by Solicitor General Tushar Mehta that the central government will set out a committee to examine the rights that can be conferred on such couples.
