No Error Found: Supreme Court Denies Same-Sex Marriage Review

The Supreme Court on Thursday dismissed a series of review petitions challenging its previous ruling that denied recognition of same-sex marriages. A bench consisting of Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta stated that they found no apparent error in the earlier judgments.

"We have carefully gone through the judgments delivered by S Ravindra Bhat (former judge) speaking for himself and for Justice Hima Kohli (former judge) as well as the concurring opinion expressed by one of us (Justice Pamidighantam Sri Narasimha), constituting majority view. We do not find any error apparent on the face of the record," the court said in its ruling.

"We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed. Pending application(s), if any, stand(s) disposed of," the judgment continued.

The bench had considered the review petitions in chambers, rather than in an open court.

In October 2023, a five-judge Constitution bench ruled that there is no unqualified right to marriage and that same-sex couples cannot claim this as a fundamental right. The apex court had, on October 17, 2023, refused to recognize the right of same-sex couples to marry or form civil unions, leaving the decision to Parliament.

The bench had unanimously held that it could not amend the provisions of the Special Marriage Act (SMA) to include non-heterosexual couples. However, the court emphasized that queer couples had the right to cohabit without facing violence, coercion, or interference.

This verdict came in response to a batch of petitions seeking marriage rights for LGBTQIA+ individuals under the Special Marriage Act, 1954. The petitioners included same-sex couples, rights activists, social workers, and various organizations.

Also Read: SC Affirms LGBTQ+ Right to Love, Stops Short of Marriage Equality