Supreme court rejects review of same-sex marriage judgment

The Supreme Court of India has dismissed petitions asking for a review of its October 2023 decision on same-sex marriage. In this decision, the court had refused to grant legal recognition to same-sex marriages. The bench said that there was no “error apparent” in the judgment. The judges found no reason to change the decision.

The petitions were considered in chambers by Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta. They reviewed the majority opinion from Justice Ravindra Bhat and Justice Hima Kohli. They also considered the concurring opinion by Justice PS Narasimha. After reviewing all the judgments, the bench decided there was no error.

The bench stated that the judgments were in line with the law. It explained that there was no need for interference. The review petitions were therefore dismissed.

Earlier, the court had refused an open hearing on the petitions. The bench included Justice Narasimha, who was part of the original Constitution bench that delivered the October 2023 verdict. Justice Sanjiv Khanna, now the Chief Justice of India, had recused himself from the review case in July 2024.

In its October 2023 ruling, the bench said there was no “unqualified right” to marriage. The only exceptions were marriages recognized by law. However, the court also spoke in favor of the rights of the LGBTQIA++ community. It disagreed with the government’s view that same-sex relationships are only for urban and elitist groups.

Justice Kaul, in his judgment said that same-sex relationships have existed for a long time. They are not just for sexual activity but for emotional fulfillment as well. He mentioned traditions like Sufi practices in support of this view. He added that the court’s decision was based on constitutional morality, not social morality. These relationships should be recognized as unions for love and partnership.

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