On July 10, the Supreme Court is set to review several requests to reconsider its decision from last year, which did not recognise same-sex marriage as legally valid.
The court's upcoming session on July 10, as listed on the official website, will involve Chief Justice DY Chandrachud leading a five-judge panel to privately consider the requests for review of the verdict issued on October 17 last year.
In line with standard procedure, panels of five judges review such requests in private.
The other judges on the panel, alongside Chief Justice DY Chandrachud, will be Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha.
Gay rights activists faced a setback when, on October 17 last year, the highest court declined to legally recognise same-sex marriage, stating that there is "no unqualified right" to marriage except for those recognised by law.
However, the top court emphasised the rights of queer individuals to prevent discrimination in accessing goods and services available to others. Additionally, they called for the establishment of safe houses known as 'Garima Greh' in all districts to provide shelter to community members facing harassment and violence and recommended the introduction of dedicated hotline numbers for their use in case of trouble.
The apex court previously stated that transgender individuals in heterosexual relationships are allowed to marry according to the current legal regulations. The court also mentioned that legal recognition of their right to union, similar to marriage or civil union, can only be established through an “enacted law.”
The Supreme Court stated it was within Parliament's ambit to change the law to validate such unions.
The LGBTQIA rights activists, who had won a major legal battle in 2018 in the Supreme Court which decriminalised consensual gay sex, had moved the top court seeking validation of same-sex marriage and consequential reliefs such as rights to adoption, enrollment as parents in schools, opening of bank accounts and availing succession and insurance benefits.
Some of the petitioners had urged the top court to use its plenary power, "prestige and moral authority" to push society to acknowledge such a union, which would ensure LGBTQIA lead a "dignified" life like the heterosexuals.
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