New Delhi: A five-judge bench of the Supreme Court will consider on January 9 the pleas seeking review of top court’s verdict 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 will consider about 13 petitions seeking review of top court’s October 23 verdict in chambers.
The new bench was constituted by the top court after Justice Sanjiv Khanna, the present Chief Justice of India, recused from hearing the review petitions on July 10 last year.
According to the cause list of the Supreme Court, the review petitions would be taken up at around 1.55 pm on January 9.
Justice PS Narasimha is the only member of the original Constitution bench comprising five judges which delivered verdict
Justice PS Narasimha is the only member of the original Constitution bench comprising 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.
SC bench unanimously refused to accord legal recognition to same-sex marriage under Special Marriage Act
The five-judge constitution bench unanimously refused to accord legal recognition to same-sex marriage under the Special Marriage Act, stating 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 bench, however, made a strong pitch for rights of queer people
The bench, however, had made a strong pitch for the rights of LGBTQIA++ persons in order to ensure that they do not face discrimination. The bench held 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 Centre will set out a committee to examine the rights that can be conferred on such couples.
“This court has recognized that queer persons cannot be discriminated upon. Material benefits and services flowing to heterosexual couples and denied to queer couples will be a violation of their fundamental right,” the top court had said.
