Supreme Court of India dismisses same-sex marriage review petition
- Earlier on 17 October 2023, a five judge Constitution Bench – led by then CJI DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha – had held that there is no unqualified right to marriage and same-sex couples cannot claim that as fundamental right.
The Supreme Court of India on 9 January dismissed same-sex marriage review petition, reported Bar and Bench.
After hearing the petition, the apex bench – led by Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha and Dipankar Datta – said that there was no error apparent in the top court's judgment and no interference was warranted, added the report.
"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 Pamidighantam Sri Narasimha), constituting majority view. 4. 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," Bar and Bench quoted the Supreme Court as saying.
What SC said in 2023 ruling?
Earlier on 17 October 2023, a five judge Constitution Bench – led by then CJI DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha – had held that there is no unqualified right to marriage and same-sex couples cannot claim that as fundamental right.
The bench had then said that the law as it stands today does not recognise the right to marry or the right of same-sex couples to enter into civil unions and stated it is upto the parliament to make laws enabling the same.
Apart from this, the SC bench also held that the law does not recognise rights of same-sex couples to adopt children.
Among others, Court also unanimously turned down the challenge to provisions of the Special Marriage Act.
However, the bench held transpersons in heterosexual relationships had the freedom and entitlement to marry under the existing statutory provisions.
With agency inputs.
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First Published:9 Jan 2025, 09:46 PM IST
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