The Supreme Court on Tuesday denied requests for an open court hearing on review petitions challenging its October 2023 ruling, which did not recognize same-sex marriages or civil unions. Senior Advocate NK Kaul, representing a petitioner, asked Chief Justice DY Chandrachud for an open court hearing
The Supreme Court on Tuesday denied requests for an open court hearing on review petitions challenging its October 2023 ruling, which did not recognize the right of same-sex couples to marry or enter into civil unions.
Senior Advocate NK Kaul, representing one of the review petitioners, requested Chief Justice of India DY Chandrachud to consider holding the review petition hearing in open court rather than in chambers, citing the matter’s significant public interest.
“If these petitions can be heard in the open court,” Kaul requested.
“Constitution bench review is not some.. you know this is in chambers,” the CJI replied.
Background
A Constitution Bench led by Chief Justice of India DY Chandrachud, along with Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, ruled on October 17, 2023, against recognizing same-sex marriages.
The Court stated that current law does not recognize the right to marry or the right of same-sex couples to enter into civil unions, leaving it to Parliament to enact such laws. Additionally, the Court held that same-sex couples do not have the legal right to adopt children.
The majority opinion was delivered by Justices Bhat, Kohli, and Narasimha, with Justice Narasimha providing a separate concurring opinion, while Chief Justice Chandrachud and Justice Kaul were in dissent.
The Court also unanimously rejected the challenge to provisions of the Special Marriage Act.
The majority judgement held that civil unions between same-sex couples are not recognized under the law and that these couples cannot claim the right to adopt children.
However, the minority ruled that same-sex couples are entitled to have their relationships recognized as civil unions and can claim consequential benefits.
