In a significant development, the Supreme Court of India has dismissed the review petitions challenging its earlier judgment that declined to legally recognize queer marriages under Indian law. The petitions, filed by various LGBTQ+ rights activists and organizations, sought a reconsideration of the landmark ruling, citing the need to uphold fundamental rights and equality for the queer community.
The Context
In its original verdict, delivered on October 17, 2023, a Constitution Bench of the Supreme Court had refused to grant legal recognition to same-sex marriages. The court, while acknowledging the hardships faced by queer couples, ruled that it was up to the Parliament to decide on such matters. The majority opinion held that the judiciary could not legislate and that any steps towards the legalization of queer marriages required legislative action.
The judgment was met with mixed reactions, with supporters of the ruling emphasizing judicial restraint and critics calling it a missed opportunity to expand the ambit of fundamental rights.
Review Petitions Filed
The review petitions were filed on the grounds that the verdict failed to address key constitutional principles such as equality, non-discrimination, and the right to live with dignity. Petitioners argued that the court’s refusal to legally recognize queer marriages left millions of individuals in the LGBTQ+ community vulnerable, denying them access to spousal rights, adoption, and inheritance, among other legal protections.
Supreme Court’s Decision on Review Petitions
The review petitions were heard in chambers by the Constitution Bench, as per standard practice. The bench unanimously decided to dismiss the petitions, stating that no substantial grounds had been presented to warrant a reconsideration of the original verdict.
In its brief order, the court reiterated that its earlier decision was based on a thorough interpretation of the Constitution and existing laws. It emphasized that the judgment had already provided broad recognition to the rights of queer individuals, including the right to cohabit and form unions, even though it stopped short of legalizing same-sex marriages.
