The Supreme Court of India has declined to reconsider its October 2023 judgment rejecting legal recognition for same-sex marriages, stating that there was “no error apparent on the face of the record.”
A five-judge bench comprising Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta reviewed the pleas in chambers without holding an open court hearing.
This decision reaffirms the court’s earlier stance that there is no constitutional basis to grant legal sanction to same-sex unions, despite widespread appeals from LGBTQIA+ activists and allies.
In the review petitions, the petitioners argued that the 2023 verdict forces gay couples to lead dishonest lives and denies them fundamental rights. However, the bench found no grounds to interfere with the original judgment.
In October 2023, a Constitution Bench led by then-Chief Justice DY Chandrachud delivered a split 3-2 verdict on the matter.
While the majority opinion declined legal recognition for same-sex marriages and civil unions, the minority opinion, authored by Justices Chandrachud and Kaul, advocated for granting civil union rights to same-sex couples.
Justice Bhat, writing for the majority, emphasised that the matter was within Parliament’s domain and not for judicial intervention.
The minority view, however, suggested that civil unions could provide same-sex couples with rights akin to those of married couples.
The petitions for review arose amidst calls for equality and inclusion, yet the court maintained its position that legislative reform is the appropriate route for addressing such issues.
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