Senior Advocates Abhishek Manu Sanghvi and Neeraj Kishan Kaul, on Tuesday, July 9, made an appeal before the Chief Justice of India, D Y Chandrachud, to allow an open court hearing of a bundle of several petitions seeking the reviewing of the October 17, 2023 judgment that refused to grant legal recognition to same-sex couples. This judgment postulated that only the parliament and the state legislatures can validate the marital unions of same-sex couples.
SC To Hear Petitions On The Same-Sex Marriage Verdict On July 10
At the opportunity, the Supreme Court is set to hear the petitions against same-sex marriage verdict on Wednesday, July 10. The power of reviewing judgments is vested with the Supreme Court to correct apparent errors or grave injustices under Article 137 of the Indian Constitution of India. Justices Sanjiv Khanna and B V Nagarathna have replaced retired Justices Shripathi Ravindra Bhatt and Sanjay Kishal Kaul to join the bench in the hearing of the verdict. This open court hearing was requested following the October 17 judgment decided by a 3-2 majority which refused to accord legal sanctions to same-sex couples and denied granting constitutional protection to the civil unions and adoption rights of queer people.
Lawyer Udit Sood Calls The Judgment ‘Self-Contradictory’
This judgment led to outrage among the queer community, as it did not allow them to live authentic lives. A US-based lawyer, Udit Sood, was the first to file a review petition on November 1. He was among the 52 petitions seeking marriage equality in India and claimed that the judgment was ‘self-contradictory’ and ‘manifestly unjust’. He complained that despite acknowledging the anguish of the LGBTQIA+ community, efforts are still not being made to protect their rights. The community faces discrimination at the hands of the state.
No Justices Struck Down The Special Marriage Act
The other three judges on the bench of the October 17 hearing overruled the view while the CJI along with Kaul maintained that the right to enter into a union among the queer community is constitutionally protected and the state cannot intervene. Except for Justice Kaul, no other justices read down the provisions under the Special Marriage Act (SMA) to include same-sex couples, one of its first principles being, “Where there is a right, there is a remedy”. The outcome of the July 10 will be closely observed by many advocates of the LGBTQIA+ community.