The Supreme Court on Thursday dismissed a batch of
pleas seeking to review its October 2023 verdict declining legal sanction to
same-sex marriage.
A five-judge bench of Justices B R Gavai, Surya
Kant, B V Nagarathna, P S Narasimha and Dipankar Datta took up about 13
petitions related to the matter in chambers and dismissed them.
"We do not find any error apparent on the face
of the record. We further find that the view expressed in both the judgements
is in accordance with law and as such, no interference is warranted.
Accordingly, the review petitions are dismissed," the bench said.
It said the judges have carefully gone through the
judgements delivered by Justice (since retired) S Ravindra Bhat speaking for
himself and for Justice (since retired) Hima Kohli as well as the concurring
opinion expressed by Justice Pamidighantam Sri Narasimha, constituting the
majority view.
The bench also rejected a prayer made in the review
petitions for hearing in an open court.
According to practice, the review pleas are
considered in chambers by the judges.
The new bench was constituted after Justice Sanjiv
Khanna, the present CJI, recused from hearing the review petitions on July 10,
2024.
Notably, Justice P S Narasimha is the only member of
the original Constitution bench comprising five judges which delivered the
verdict, as former CJI D Y Chandrachud and Justices S K Kaul, Ravindra Bhat and
Hima Kohli have retired.
A five-judge Constitution bench led by then CJI
Chandrachud on October 17, 2024, refused to accord legal backing to same-sex
marriages and held there was "no unqualified right" to marriage with
the exception of those recognised by law.
The apex court, however, made a strong pitch for the
rights of LGBTQIA++ persons so that they didn't face discrimination in
accessing goods and services available to others, safe houses known as
"garima greh" in all districts for shelter to members of the community
facing harassment and violence, and dedicated hotlines in case of trouble.
In its judgement, the bench held transpersons in
heterosexual relationships had the freedom and entitlement to marry under the
existing statutory provisions.
It said an entitlement to legal recognition of the
right to union, akin to marriage or civil union, or conferring legal status to
the relationship could be only done through an "enacted law".
The five-judge Constitution bench delivered four
separate verdicts on a batch of 21 petitions seeking legal sanction for
same-sex marriages.
All five judges were unanimous in refusing the legal
recognition to same-sex marriage under the Special Marriage Act and observed it
was within Parliament's ambit to change the law for validating such a union.
While former CJI Chandrachud wrote a separate
247-page verdict, Justice Kaul penned a 17-page judgement where he broadly
agreed with the former's views.
Justice Bhat, who authored an 89-page judgement for
himself and Justice Kohli, disagreed with certain conclusions arrived at by the
former CJI, including on applicability of adoption rules for such couples.
Justice Narasimha in his 13-page verdict was in
complete agreement with the reasoning and conclusion of Justice Bhat.
The judges were unanimous in holding that queerness
was a natural phenomenon and not an "urban or elite" notion.
In his judgement, the former CJI recorded Solicitor
General Tushar Mehta's assurance of forming a committee chaired by the cabinet
secretary to define and elucidate the scope of entitlements of such couples in
a union.
The LGBTQIA++ rights activists, who won a major
legal battle in 2018 in the Supreme Court, which decriminalised consensual gay
sex, moved the apex court seeking validation of same-sex marriages and
consequential reliefs such as rights to adoption, enrolment as parents in
schools, opening of bank accounts and availing succession and insurance
benefits.
Some of the petitioners sought the apex court to use
its plenary power besides the "prestige and moral authority" to push
the society to acknowledge such a union and ensure LGBTQIA++ persons led a
"dignified" life like heterosexuals.