Supreme Court to hear petitions seeking review of same-sex marriage verdict on July 10

The five-judge bench will hear in chambers all the petitions seeking review of the order of October 17 last year, which unanimously refused to grant legal recognition to same-sex marriage under the Special Marriage Act, saying it is for Parliament to decide whether a change in the Special Marriage Act (SMA) regime is necessary to validate such a union.

Supreme Court file photo.

New Delhi: A five-judge bench headed by Chief Justice of India (CJI) DY Chandrachud will on July 10 hear a batch of petitions seeking review of the Supreme Court’s order refusing to grant legal recognition to same-sex marriages.

The Supreme Court unanimously refused to grant legal recognition to same-sex marriage under the Special Marriage Act

The Supreme Court, however, has made a strong case for gay rights.

The Court, however, made a strong plea for the rights of homosexual persons to ensure that they are not discriminated against, saying that homosexuality is not an urban elite and homosexuality is not an urban concept or confined to the upper classes of society. The Court also took note of Solicitor General Tushar Mehta’s submission that the Centre will set up a committee to look into the rights that can be conferred on such couples.

“This Court has recognized that homosexual persons cannot be discriminated against. The material benefits and services granted to heterosexual couples and denied to homosexual couples constitute a violation of their fundamental right,” the Supreme Court said.

Besides CJI Chandrachud, the other members of the bench are Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna and PS Narasimha.

A bench comprising CJI Chandrachud and Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha had delivered the verdict on October 17 last year, a series of pleas seeking legal recognition of same-sex marriages and all legal benefits and rights at par with heterosexual couples.

A five-judge court issued four separate verdicts

The five-judge bench delivered four separate verdicts – one by CJI DY Chandrachud, one by Justice Sanjay Kishan Kaul (since retired), one by Justice Ravindra Bhat (since retired) and one by Justice PS Narasimha – on a batch of 21 pleas seeking legal sanction for same-sex marriages.

“There is some degree of agreement and some degree of disagreement about the path ahead,” Chief Justice Chandrachud said while reading out the judgment.

The petitioners argued before the Supreme Court that they too have the same fundamental rights as heterosexual couples and urged the Supreme Court to grant them equal legal status with heterosexual couples to enable them lead a dignified life.