SC may hear pleas challenging marriage equality verdict on Tuesday
The Supreme Court on Thursday agreed to hear a batch of petitions seeking a review of its October 17 verdict denying legal recognition to same-sex marriage on November 28. Senior counsel Mukul Rohatgi sought an open court hearing, adding that both majority and minority views acknowledge that LGBTQ+ couples face discrimination. Chief Justice (CJI) DY Chandrachud assured that the plea for an open court hearing would be considered.
Why does this story matter?
The Supreme Court ruled against legally recognizing same-sex marriages in a 3:2 verdict. The SC acknowledged that people's right to enter a union cannot be restricted based on sexual orientation. However, it said that granting recognition is beyond its purview and is for the Parliament and state legislatures to decide. Petitioners argued that being unable to marry legally violates their constitutional rights. The Centre and various religious quarters opposed it, saying it goes against Indian culture.
What are the petitioners saying?
Udit Sood, a United States-based lawyer and one of the 52 petitioners seeking marriage equality in India, filed the first review petition on November 1. He argued that the court's majority judgment was "manifestly unjust" and "self-contradictory" for not protecting queer rights despite acknowledging their struggles. Sood's petition said, "The majority found that queer Indians endure severe discrimination... and then did not take the logical next step of enjoining the discrimination."
SC has power to review law if it violates Constitution
Supriya Chakravarty and Abhay Dang also submitted a petition to the top court, requesting a review of the October 17 ruling. They contended that constitutional courts have the power to review statutory law for compliance with constitutional values and don't need to wait for legislative action to recognize same-sex marriage. Their petition stated, "The bench unanimously finds that the exclusion of queer couples from the existing statutory regime is discriminatory, yet the majority decision grants no relief."
The five-judge bench has vacancy
Within the five-judge bench, CJI Chandrachud and Justice Sanjay Kishan Kaul ruled in favor of granting marriage equality and adoption rights. However, Justices S Ravindra Bhat, Hima Kohli, and PS Narasimha ruled against it. They held that the right to a civil union can't be deemed a constitutionally protected right when the right to marry does not have the same status. A new judge will have to be added to the bench since Justice Bhat retired last month.
