BREAKING | Review Petition Filed Against Supreme Court's Marriage Equality Judgement

In a recent development, review petitions have been filed against the Constitution Bench judgement of the Supreme Court which had, on 17.10.2023, refused to grant legal recognition for queer marriages in India saying that it was a matter for the legislature to decide. A five-judge bench, led by Chief Justice of India DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, had started hearing the batch of 52 petitions seeking recognition for queer marriage in India on April 18, 2023. After rigorous deliberation, the bench had reserved its judgment on May 11, 2023.

The bench pronounced had four judgements– written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha respectively. It had unanimously held that there was no fundamental right to marry in India. Further, it was also unanimously held that the Supreme Court could not legislate upon queer marriages as the same would violate the doctrine of separation of power and would amount to entering the domain of the legislature. 

However, all the judges on the bench had agreed that the Union of India, as per its earlier statement, shall constitute a committee to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a "marriage". The Court had also unanimously held that that queer couples have a right to cohabit without any threat of violence, coercion of interference; but refrained from passing any directions to formally recognize such relationships as marriages.

In the judgement, all five judges unanimously had held that transgender persons in heterosexual relationships had the right to marry under existing laws including personal laws which regulate their marriage. Additionally, in a 3:2 decision, the Supreme Court denied queer couples the right to adopt children. CJI DY Chandrachud and Justice SK Kaul were in the minority, whereas Justice Bhat, Justice Kohli, and Justice Narasimha were in the majority.

The review petition has been filed by Udit Sood, one of the petitioners in the matter.