Supreme Court Triumphantly Dismisses Review Pleas—Celebrating a Victory for Same-Sex Marriage Ruling
In a significant development, the Supreme Court of India, comprising a 5-judge bench, has dismissed review petitions demanding marriage equality rights for same-sex couples. The bench, led by Justice B.R. Gavai and including Justices Surya Kant, B.V. Nagarathna, P.S. Narasimha, and Dipankar Datta, found no apparent errors in their previous October 2023 decision, which denied legal recognition to such unions under the Special Marriage Act. The review was sought under Article 137 of the Indian Constitution, arguing that the previous judgment was contradictory and unjust.
The petitioners claimed that the decision acknowledges discrimination against same-sex couples by the government but does not rectify it. The Court, however, maintained that the ruling aligns with the law and does not warrant interference, thereby dismissing the review petitions without a public hearing. Typically, review petitions focus on narrow grounds like legal mistakes or obvious errors, and hearings in open court are uncommon.
The October verdict from a bench headed by then CJI D.Y. Chandrachud had refused to reinterpret the terms “male” and “female” under the Special Marriage Act to include gender-neutral terms and left the issue for legislative consideration. While affirming that there is no absolute right to marriage under current law, the Court suggested forming a committee led by the Cabinet Secretary to explore administrative solutions for social benefits for LGBTQ+ individuals. Despite the dismissal of the review, the Court has urged the government to prevent discrimination against the LGBTQ+ community, ensuring they have access to goods and services without bias based on sexual orientation.
This decision represents a continuation of the status quo, placing the onus on the legislature to create avenues for marriage equality in India amid ongoing debates on the rights of same-sex couples.
Original Source: https://theshillongtimes.com/2025/01/09/no-interference-warranted-sc-trashes-review-pleas-filed-against-same-sex-marriage-ruling/
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Publish Date: 2025-01-09 21:40:00
