Supreme Court to hear pleas against verdict on same-sex marriage on July 10
Satya Prakash
New Delhi, July 5
The Supreme Court will consider on July 10 petitions seeking review of its October 2023 verdict refusing recognition to same sex marriages in India.
A five-judge Bench of Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli had on October 17, 2023, unanimously turned down petitions seeking to allow same-sex marriages under the Special Marriage Act, saying it’s for Parliament to effect changes in the law for validating such unions.
Since two of the judges — Justice Kaul and Justice Bhat — have retired, the Bench has been reconstituted with the inclusion of Justice Sanjiv Khanna and Justice BV Nagarathna.
Review petitions are generally heard “in chamber” — and not in an open court — by a procedure called “hearing by circulation” where advocates representing the parties are not allowed to argue. But in exceptional cases, the top court allows open court hearing, if convinced about its need.
The CJI will have to take a call on the review petitioners’ demand for an open court hearing. Holding that there’s no fundamental right to marry, the Supreme Court had refused to allow same-sex marriages in India even as it directed the Centre to set up a high-powered committee headed by the Cabinet Secretary to decide the rights and entitlements of persons in queer unions.
