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SC denies open court hearing on same-sex marriage

The Supreme Court of India has declined to hold an open court hearing for the review petition challenging its judgement rejecting legal recognition of same-sex and queer marriages.

News Arena Network - New Delhi - UPDATED: July 9, 2024, 04:03 AM - 3 mins read

Supreme Court Declines Open Court Hearing on Same-Sex Marriage Review.

SC denies open court hearing on same-sex marriage

Supreme Court Declines Open Court Hearing on Same-Sex Marriage Review.


The Supreme Court of India has declined to hold an open court hearing for the review petition challenging its judgement rejecting legal recognition of same-sex and queer marriages.

 

This decision was conveyed by a bench headed by Chief Justice DY Chandrachud, stating that the review process would be conducted in chambers rather than in open court.

 

Amit Goel, DCP of the Crime Branch, confirmed that seven individuals, including a doctor, have been arrested in connection with an international organ transplantation racket involving Bangladesh and India.

 

The racket allegedly facilitated organ transplants between donors and recipients from Bangladesh, with Russell identified as a key figure arranging these transactions.

 

The arrested doctor, who was engaged on a fee-for-service basis at a private hospital, has been suspended pending further investigation. The hospital clarified that the doctor's actions were not related to its procedures and affirmed cooperation with authorities in providing necessary information.

 

In another development, the review petition challenging the Supreme Court's stance on same-sex marriage under various acts including the Special Marriage Act, Foreign Marriage Act, and Citizenship Act, has been scheduled for hearing on July 10.

 

The petition, filed through senior Advocate NK Kaul, seeks to overturn the court's decision which denied legal recognition to same-sex and queer marriages.

 

The Supreme Court bench, now composed of five judges including Chief Justice Chandrachud, will deliberate on the petition. The petitioners, represented by advocates Karuna Nundy and Ruchira Goel, argue that the court's previous judgement contains legal errors and denies fundamental rights guaranteed under the Constitution.

 

The majority judgement, delivered in October 2023, rejected the plea for marriage equality and adoption rights for queer couples. It upheld that any legal recognition beyond heterosexual marriage must be legislated by the government and cannot be mandated by judicial order.

 

The petitioners highlight several legal discrepancies, including the misinterpretation of existing laws and the denial of adoption rights under Regulation 5(3) of the Adoption Regulations, 2022. They contend that such rulings perpetuate discrimination against non-heterosexual couples and their families, impacting their legal rights and protections.

 

This review petition underscores the ongoing legal battle for equal rights and recognition for same-sex couples in India. The outcome of the Supreme Court's review process will be closely watched as it could have far-reaching implications on the rights and freedoms of LGBTQ+ individuals across the country.

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