The Supreme Court on Thursday rejected a batch of petitions seeking review of its October 2023 verdict, which refused to recognise the right of same-sex couples to enter into marriages or have civil unions.
The Bench of Justice BR Gavai, Justice Surya Kant, Justice BV Nagarathna, Justice PS Narasimha and Justice Dipankar Datta noted that the verdict was in accordance with law and as such, no interference was warranted.
On October 17, 2023, the Constitution Bench of the then Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha refused to recognise the right of same-sex couples to marry or enter into civil unions. It further held that the law did not recognise the rights of same-sex couples to adopt children.
The top court of the country observed that it was up to the Parliament to make laws regarding the same.
The majority opinion was delivered by Justice Bhat, Justice Kohli and Justice Narasimha with Justice Narasimha delivering a separate concurring opinion.
The then CJI Chandrachud and Justice Kaul delivered separate dissenting judgments.
All the judges unanimously held that there was no unqualified right to marriage and that the same-sex couples could not claim the same as a fundamental right.
It also unanimously turned down the challenge to provisions of the Special Marriage Act.
The majority of Justice Bhat, Justice Kohli and Justice Narasimha further held that civil unions between same sex couples were not recognised under law and that they could not claim the right to adopt children either.
CJI Chandrachud and Justice Kaul, howeevr, in their separate minority opinions held that same-sex couples were entitled to recognise their relationships as civil union and could claim consequential benefits.
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