Same-Sex Marriage: Supreme Court’s Big Decision, No Changes in Law
The Supreme Court of India delivers a major ruling on same-sex marriage, rejecting the review petitions and maintaining the current legal stance, with no changes to the law.
The Supreme Court of India delivers a major ruling on same-sex marriage, rejecting the review petitions and maintaining the current legal stance, with no changes to the law.
New Delhi: In a significant blow to petitioners advocating for marriage equality in India, the Supreme Court on Thursday dismissed the batch of pleas seeking a review of its October 2023 ruling, which had denied legal recognition for same-sex and queer marriages in the country.
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Supreme Court’s Stance on Same-Sex Marriage Ruling
A five-judge bench, comprising Justices B.R. Gavai, Surya Kant, B.V. Nagarathna, P.S. Narasimha, and Dipankar Datta, rejected the plea for a review of its verdict. The bench stated that they found no error apparent on the face of the record and deemed that the majority view expressed in the judgment was consistent with the law, thus no interference was needed. Justice Gavai, leading the bench, stated, “We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgments (constituting the majority view) is in accordance with law and as such, no interference is warranted.”
Review Petition’s Argument
The review petition, filed under Article 137 of the Constitution, argued that the October ruling was “self-contradictory and manifestly unjust.” It contended that while the majority judgment acknowledged that the government was violating the petitioners’ fundamental rights through discrimination, it failed to address the discrimination. The petitioners had hoped that the court would reconsider its stance and allow legal recognition of same-sex unions.
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Court’s Narrow Grounds for Review Petitions
Typically, review petitions are evaluated on narrow grounds, including mistakes of law or errors on the face of the record. They are rarely granted open court hearings and are often dismissed in chambers. This case followed the usual procedure, and the review petition was swiftly dismissed without a public hearing.
October 2023 Verdict and its Aftermath
In its October 2023 judgment, a 5-judge bench led by then Chief Justice D.Y. Chandrachud had declined to strike down or amend gender-specific terminology in the Special Marriage Act to include same-sex unions. The bench had left the decision on enacting a marriage equality law to the legislature.
The court had also unanimously agreed that there is no unqualified right to marriage and endorsed the Centre’s proposal to establish a committee headed by the Cabinet Secretary to address administrative concerns regarding same-sex couples, particularly relating to social benefits. The Court further urged both the Union and state governments to ensure that the LGBTQ+ community is not discriminated against based on their sexual orientation and that queer individuals have access to all goods and services.
Future Developments and Judicial Recusals
Earlier in July 2023, Justice Sanjiv Khanna, the current Chief Justice of India, recused himself from hearing the review petitions and suggested that the matter be circulated before an appropriate bench for further consideration.
The dismissal of the review petitions indicates that the Supreme Court has closed the chapter on this matter for now, leaving the path forward in the hands of the legislature.
