A petition seeking review of the October 17 verdict refusing to accord legal recognition to same-sex marriages was on Thursday mentioned before the Supreme Court for an open court hearing.
A bench led by Chief Justice D Y Chandrachud took note of the submissions of senior advocate Mukul Rohatgi, appearing for one of the petitioners, that the review plea needed to be heard in open court to redress the grievances of those seeking validation of same-sex marriages. The bench also comprised Justices J B Pardiwala and Manoj Misra.
“I have not examined the (review) petition. Let me circulate it (among judges of that constitution bench),” the CJI said.
All the judges of the constitution bench were of the view that there was some kind of discrimination against queer persons and hence they needed relief as well, Rohatgi said.
According to the apex court registry, the review plea was listed for consideration on November 28, he said.
In the first week of November, one of the petitioners had moved the top court seeking a review of the October 17 judgement.
The constitution bench headed by the CJI had delivered four separate verdicts on a batch of 21 petitions seeking legal sanction for gay marriages.
All the five judges were unanimous in refusing to give legal backing to same-sex marriages under the Special Marriage Act and observed that it is within Parliament’s ambit to change the law for validating such unions.
However, the apex court, by a 3:2 majority, held that queer couples do not have the right of adoption.