SC agrees to consider petition to hear same-sex marriage review in open court

The Supreme Court on Thursday agreed to look into a request for an open court hearing of a petition seeking a review of its majority judgment in October refusing to legalise same-sex marriage. On October 17, the Supreme Court had said it did not want to leave the constraints of judicial power to encroach into the legislative domain of the Parliament. It said the Parliament was the ideal forum to debate and pass laws, or not, on the question of conferring legal status to same-sex marriage.

I The Supreme Court on Thursday agreed to look into a request for an open court hearing of a petition seeking a review of its majority judgment in October refusing to legalise same-sex marriage.

Appearing before a Bench headed by Chief Justice of India D.Y. Chandrachud, senior advocates Mukul Rohatgi, Menaka Guruswamy, advocates Arundhati Katju and Karuna Nundy urged the court to post the review in open court rather than by the usual way of circulation in judges’ chambers.

Justice S. Ravindra Bhat, who headed the majority opinion, has already retired. Justice Sanjay Kishan Kaul, who was part of the minority opinion, is set to retire on December 25, 2023.

The review petition said the top court verdict compelled queer couples, who wished the joys of a real family, to remain in the closet and lead dishonest lives.

The judgment had acknowledged that queer partners suffered from the indignity of discrimination in their everyday lives, but denied them any judicial relief, choosing to leave the community at the mercy of government policy and legislative wisdom.

On October 17, the Supreme Court had said it did not want to leave the constraints of judicial power to encroach into the legislative domain of the Parliament. It said the Parliament was the ideal forum to debate and pass laws, or not, on the question of conferring legal status to same-sex marriage.

A majority of the three judges on the Constitution Bench had disagreed with the view of Chief Justice Chandrachud that the government should at least grant a ‘civil union’ status to same-sex partners, saying such a concept was not backed by statutory law.