New Delhi, January 9, 2025 – The Supreme Court of India has dismissed a slew of review petitions challenging its October 2023 judgment declining legal recognition to same-sex marriages. The bench, led by Justice P.S. Narasimha, was of the opinion that there was “no error apparent on the face of the record” and that “no interference is warranted” to the original decision.
Background of the October 2023 Judgment
A five-judge Constitution bench of the Supreme Court, in October 2023, delivered a historic judgment on the issue of same-sex marriages. All judges of the bench came to a unanimous conclusion that legalization could only be done by the Parliament and not the judiciary.
Chief Justice D.Y. Chandrachud, writing the lead opinion, said while the Constitution provides the right to choose a partner, formal recognition of same-sex marriages must come through parliamentary legislation.
The court also stated that awareness on the discrimination faced by LGBTQIA+ communities existed and proposed the constitution of a high-powered committee to look into granting certain legal rights and benefits to same-sex couples.
Details of the Review Petitions
Several petitioners sought a review saying that mulct errors crept in the October verdict though much basic issues relating to fundamental rights were not heard regarding same-sex couples.
By exercising its judicial power, it should have recognized that marriage also is treated equally and discrimination should not take place as per the Constitution.
Reasoning by Supreme Court
In denial of the review petitions, the Supreme Court reiterated its previous stance that the power to legislate on the issue rests with Parliament.
The bench found no good reason to revisit the ruling, asserting that the previous decision was legitimate and bore no apparent error in law. The seat of Justice Narasimha, being the last remaining member of the original bench, played a prominent role in the decision.
Reactions from the LGBTQIA+ Community
The reactions on the dismissals of the review petitions have run the gamut. Advocates for LGBTQIA+ rights expressed anguish at what they see as another nail in the coffin of marriage equality. By denying any form of legal recognition, they charge, society continues to shame and stigmatize same-sex couples while depriving them of the legislative rights accorded to heterosexual unions.
A similar number of legal scholars agree with the court’s take and argue that such a huge change in society should emanate from the legislature, reflecting the will of the people.
An Act of Parliament and Possible Future
After some offers from the Supreme Court on the subject, the government began setting up the committee on the issues of same-sex couples. Its mandate is to scout for possible ways to bring certain rights-a joint bank account, next of kin, and medical decision-making into law-for same-sex couples.
However, as yet, there has been no concrete legislative action regarding the issue of the legal recognition of same-sex marriage.
