New Delhi [India], January 10 (HBTV): The Supreme Court on Thursday dismissed a batch of petitions seeking a review of its previous ruling, which had denied the recognition of same-sex marriages.
A bench comprising Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta stated that it found no apparent error in the earlier judgments.
“We have carefully gone through the judgments delivered by S Ravindra Bhat (former judge), speaking for himself and Justice Hima Kohli (former judge), as well as the concurring opinion expressed by one of us (Justice Pamidighantam Sri Narasimha), constituting the majority view. We do not find any error apparent on the face of the record,” the judgment stated.
The bench added, “We further find that the view expressed in both the judgments is in accordance with law and, as such, no interference is warranted. Accordingly, the review petitions are dismissed. Pending application(s), if any, stand(s) disposed of.”
The review petitions were considered in chambers and not in open court.
In October 2023, a five-judge Constitution bench had held that there is no unqualified right to marriage and that same-sex couples cannot claim it as a fundamental right. On October 17, 2023, the Court had refused to recognize the right of same-sex couples to enter into marriages or have civil unions, leaving it to the Parliament to decide the issue.
The Constitution bench unanimously stated that it could not strike down provisions of the Special Marriage Act (SMA) or interpret them differently to include non-heterosexual couples. However, it affirmed that queer couples have the right to cohabit without any threat of violence, coercion, or interference.
The verdict followed petitions seeking the right to marriage for members of the LGBTQIA+ community under the Special Marriage Act, 1954. The petitioners included same-sex couples, rights activists, social workers, and organizations.
(ANI)