Plea for review of same-sex marriages verdict mentioned in SC

On Thursday, the Supreme Court heard a public hearing on a petition that sought review of the ruling from October 17 that denied same-sex marriage legal recognition.

Senior advocate Mukul Rohatgi, who was representing one of the petitioners, submitted that the review case should be heard in public in order to address the concerns of people who are seeking the legalisation of same-sex marriages. This was noted by a bench chaired by Chief Justice D Y Chandrachud. Justices Manoj Misra and J B Pardiwala were also on the bench.

“I have not examined the (review) petition. Let me circulate it (among judges of that constitution bench),” the CJI said.

According to Rohatgi, every judge on the constitution bench believed that queer people were the target of discrimination and that they, too, required relief.

The review case was scheduled for consideration on November 28, he added, citing the apex court registry.

One of the petitioners had moved the supreme court in the first week of November, asking for a review of the ruling from October 17.

The CJI-led constitution bench has ruled on four different petitions out of 21 that sought legal recognition for gay marriages.

The five judges unanimously declined to support same-sex marriages under the Special Marriage Act, noting that Parliament had the authority to amend the legislation to allow for the legalisation of such unions.

Nonetheless, the supreme court ruled by a vote of 3 to 2 that gay couples are not entitled to adoption.

(With inputs from PTI)