The Supreme Court on Thursday dismissed a batch of petitions seeking a review of its October 2023 verdict declining legal sanction to same-sex marriage.
A bench of Justices B.R. Gavai, Surya Kant, B.V. Nagarathna, P.S. Narasimha and Dipankar Datta considered the petitions in chambers and said it found no “error apparent” on the judgement.
"We do not find any error apparent on the record. We further find that the view expressed in both judgments are in accordance with law and as such no interference is warranted,” it said.
The new bench was constituted after Justice Sanjiv Khanna, the present CJI, recused from hearing the petitions on July 10, 2024.
A five-judge Constitution bench led by then CJI D.Y. Chandrachud on October 17, 2024, refused to accord legal backing to same-sex marriages.
Notably, Justice Narasimha is the only member of the original Constitution bench comprising five judges which delivered the verdict, as former CJI D Y Chandrachud and Justices S.K. Kaul, Ravindra Bhat, and Hima Kohli have retired.
The apex court in its 2024 verdict held there was "no unqualified right" to marriage with the exception of those recognised by law.
It, however, made a strong pitch for the rights of LGBTQIA++ persons so they didn't face discrimination in accessing goods and services available to others; safe houses known as "garima greh" in all districts for shelter to members of the community facing harassment and violence, and dedicated hotlines in case of trouble.
All five judges were unanimous in refusing the legal recognition to same-sex marriage under the Special Marriage Act and observed it was within Parliament's ambit to change the law for validating such a union.