Supreme Court Rejects Review Petitions, Upholding Ban on Same-Sex Marriages in India

On Thursday, the Supreme Court of India dismissed review petitions challenging its landmark 2023 decision that denied legal recognition to same-sex marriages. The court ruled that there was "no error apparent on the face of the record" in its previous judgment, reaffirming its stance against granting legal sanction to same-sex unions.

This decision has reignited disappointment and debate among LGBTQIA+ activists and allies, who had hoped for a reconsideration of the ruling that many believe undermines their rights and identity.

Review Petitions Dismissed Without Open Court Hearing

A five-judge bench comprising Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta examined the petitions privately in chambers, without conducting a public hearing. The petitioners had previously requested an open courtroom hearing in July 2023, citing significant public interest.

The bench was reformed following the retirements of Justices SK Kaul, S Ravindra Bhat, former Chief Justice Chandrachud, and Justice Kohli. Additionally, Justice Sanjiv Khanna, now the Chief Justice of India, had recused himself from the case last year.

In their review pleas, petitioners argued that the 2023 ruling forced same-sex couples to remain closeted and live dishonest lives, denying them the dignity and rights afforded to heterosexual couples.

Highlights of the 2023 Verdict on Same-Sex Marriage

In October 2023, a Constitution bench led by then-Chief Justice DY Chandrachud delivered a split 3-2 verdict against the legal recognition of same-sex marriages. The majority opinion, written by Justice S Ravindra Bhat and supported by Justices Kohli and PS Narasimha, ruled that the Special Marriage Act, 1954, could not be interpreted to include same-sex couples. The majority emphasized that it was beyond the judiciary's role to alter the law and that Parliament was the appropriate forum for such legislative decisions.

Conversely, the minority opinion by Chief Justice Chandrachud and Justice Kaul advocated for granting same-sex couples the right to civil unions, though not marriage. A civil union would have provided same-sex couples with certain legal rights and responsibilities akin to those enjoyed by married heterosexual couples.

Despite differing opinions on civil unions, all five judges unanimously agreed that amending the Special Marriage Act to include same-sex marriages was not within the court's purview.

Petitioners' Concerns and Public Response

The petitioners argued that the ruling perpetuated discrimination against LGBTQIA+ individuals by denying them the opportunity to live openly and honestly. They highlighted that the absence of legal recognition for same-sex unions forced many to conceal their identities and live without the legal and social protections afforded to married couples.

The dismissal of the review petitions has been met with disappointment among LGBTQIA+ rights activists, who believe that the Supreme Court missed an opportunity to address systemic inequality and discrimination.

Parliament Urged to Take Action

In its 2023 verdict, the Supreme Court urged Parliament to deliberate on the issue of same-sex marriage, emphasizing that the legislature, not the judiciary, is the appropriate body to enact laws regarding marriage equality.

With the Supreme Court reaffirming its position, the responsibility now lies with lawmakers to address the demand for legal recognition of same-sex unions in India.

(Input from various sources)

(Rehash/Dr. Sreelekshmi P/MSM)