SC rejects pleas on review of same-sex Marriage verdict

The Supreme Court on Thursday refused to entertain review petitions challenging its landmark decision rejecting legal recognition to same-sex marriages in India. In a judgment delivered earlier, the top court held that there was no constitutional basis to grant legal sanction to same-sex unions, a stance that sparked widespread debate and disappointment among LGBTQIA+ activists and allies. In its latest ruling, the court stated that there was "no error apparent on the face of the record" in its earlier judgment. The bench emphasised that the views expressed in the original verdict were in accordance with the law and required no further interference.
A bench of Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha and Dipankar Datta considered the petitions in chambers and said that it had gone through the judgments of Justice Ravindra Bhat (speaking for himself and Justice Hima Kohli), and Justice PS Narasimha - which constituted the majority - and found no error in them. "We further find that the view expressed in both the judgments is in accordance with the law and, as such, no interference is warranted. Accordingly, the review petitions are dismissed," it added.The bench hearing the review petitions was constituted after Justice Sanjiv Khanna, who is now the Chief Justice of India, recused from hearing them in July 2024. PS Narasimha is the only member of the original Constitution bench that had delivered the original verdict - former Chief Justice Of India DY Chandrachud and Justices SK Kaul, Ravindra Bhat and Hima Kohli have retired - who was also on the review bench. In their review pleas, the petitioners argued that the Supreme Court verdict compelled gay couples to remain in the closet and lead dishonest lives.
In October 2023, a Constitution bench headed by then-Chief Justice of India (CJI) DY Chandrachud declined to accord legal recognition to same-sex marriages. In a 3-2 verdict, the court also declined to allow civil unions for same-sex couples. Justice Bhat wrote the majority opinion, while Justice Kaul, along with Chief Justice Chandrachud, gave the minority view. However, all the judges were unanimous in their opinion that it was not possible to tweak the Special Marriage Act, 1954, to allow same-sex marriage.