Lagatar24 Desk
New Delhi: The Supreme Court of India is set to review on July 10 a series of petitions seeking reconsideration of its previous judgement, which refused to grant legal recognition to same-sex marriages. According to the updated cause list on the Supreme Court’s website, a five-judge bench headed by Chief Justice D Y Chandrachud will consider these review petitions in-chamber.
In a setback for gay rights activists, the apex court had ruled on October 17 last year that there was “no unqualified right” to marriage except for those recognized by law, thereby denying legal recognition to same-sex marriages. The decision sparked significant disappointment among LGBTQ advocates, who have been campaigning for equal marriage rights.
Despite the refusal to legalize same-sex marriages, the Supreme Court made a strong case for the protection of queer rights. The court emphasized that queer individuals should not face discrimination in accessing goods and services available to others. It also 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 dedicated hotline numbers for those in trouble.
The court acknowledged that transgender individuals in heterosexual relationships are entitled to marry under existing statutory provisions. However, it stated that granting legal recognition to same-sex unions, akin to marriage or civil unions, could only be done through enacted legislation.
The five-judge constitution bench, led by CJI Chandrachud, delivered four separate verdicts on a batch of 21 petitions seeking legal sanction for same-sex marriages. Despite their differences, all judges were unanimous in their decision that legal recognition for same-sex marriage under the Special Marriage Act falls within the jurisdiction of Parliament.
LGBTQ activists and supporters are now looking to the upcoming review hearing with hope. They believe that legal recognition of same-sex marriage is a crucial step toward achieving full equality and protection under the law for queer individuals in India.
