SC Dismisses Review Pleas on Same-Sex Marriage Recognition

SC Dismisses Review Pleas on Same-Sex Marriage Recognition


In a significant legal development, the Supreme Court of India on Thursday rejected a batch of review petitions challenging its October 2023 judgment, which had denied recognition to same-sex marriages. A five-judge Constitution Bench, comprising Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta, concluded there was no apparent error in the earlier verdict.

Supreme Court’s Statement on Review Petitions

The bench stated:

“We do not find any error apparent on the face of the record. The view expressed in both the judgments is in accordance with law, and as such, no interference is warranted.”

The review petitions were considered in chambers, rather than in open court, as is customary for such proceedings.

The 2023 Verdict on Same-Sex Marriage

On October 17, 2023, the Supreme Court ruled that:
1️⃣ There is no unqualified right to marriage under Indian law.
2️⃣ Same-sex couples cannot claim marriage as a fundamental right.
3️⃣ The recognition of same-sex marriages or civil unions falls within the purview of the Parliament.

Despite acknowledging the challenges faced by the LGBTQIA+ community, the Court refrained from amending or interpreting the Special Marriage Act, 1954, to include same-sex couples.

Rights Recognized by the Apex Court

While the judgment did not grant marital rights, it provided a ray of hope by affirming that queer couples have:
✅ The right to cohabit without threats of violence or coercion.
✅ The freedom to live with dignity and free from societal interference.

This nuanced approach highlights the judiciary's acknowledgment of the LGBTQIA+ community's struggles while deferring policy decisions to lawmakers.

Who Were the Petitioners?

The petitions represented diverse voices from the LGBTQIA+ community, including:
🔹 Same-sex couples.
🔹 Human rights activists.
🔹 Social workers.
🔹 Advocacy organizations.

Their collective plea sought the recognition of marital rights under the Special Marriage Act, 1954, a law designed to provide civil marriage rights to individuals irrespective of their religion or personal laws.

The Debate: Is India Ready for Same-Sex Marriage?

The rejection of the review petitions raises the broader question of India’s readiness for same-sex marriage.

Societal Challenges

🔹 Cultural Conservatism: India’s deeply rooted traditions and heteronormative societal structure often clash with progressive LGBTQIA+ rights.
🔹 Lack of Awareness: A significant portion of the population remains unaware or misinformed about LGBTQIA+ issues.

Legislative Vacuum

🔹 Parliament’s Role: The Court emphasized that legislative intervention is essential to address the rights of same-sex couples.
🔹 Global Context: While many countries have legalized same-sex marriage, India’s approach remains cautious, reflecting its unique socio-cultural dynamics.

The Way Forward

1️⃣ Public Discourse: Promoting conversations to foster acceptance and inclusivity.
2️⃣ Legislative Action: Introducing laws to address the rights of queer individuals in areas like inheritance, adoption, and cohabitation.
3️⃣ Judicial Advocacy: Continued efforts to seek legal recognition through courts while engaging with policymakers.

Conclusion

The Supreme Court’s decision underscores the need for a societal and legislative shift in India’s approach to LGBTQIA+ rights. While the judiciary has taken steps to affirm the dignity and cohabitation rights of queer couples, the road to marriage equality remains long and fraught with challenges.

The question remains: Is India ready to embrace the idea of same-sex marriage, or will it continue to tread cautiously on this sensitive issue?

Location: Pune, Maharashtra, India

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