Review Petition Challenging Majority Judgement On Non-Recognition Of Same-Sex Marriages Filed In SC

In a development before the Supreme Court, a review petition has been submitted challenging a majority judgment by a Constitutional Bench that asserted the authority of the legislature in recognising and regulating same-sex marriages.

Udit Sood, one of the original petitioners who appeared before the Constitutional Bench presided over by Chief Justice D Y Chandrachud, filed the review plea.

The Constitutional Bench, in its earlier judgment, argued that since there is no inherent or absolute right to marriage, the courts should not interfere in this matter.

Chief Justice Chandrachud, along with Justice Sanjay Kishan Kaul, took a minority stance, emphasising that queer individuals have a fundamental right to form relationships, and the state should acknowledge and provide legal recognition to such unions, allowing them to access the legal benefits granted to other couples.

However, Justices S R Bhat and Hima Kohli, supported by a separate opinion from Justice P S Narasimha, formed the majority judgment, asserting that legal recognition of same-sex unions, akin to marriage or civil unions, can only be achieved through enacted laws.

The review petition challenges this majority judgment and calls for a reconsideration of the legal stance on same-sex marriages in India.