The Supreme Court of India has scheduled a review of its previous ruling against the legalization of same-sex marriage for January 9, as confirmed by an announcement from the judiciary. This significant reconsideration will be conducted by a newly formed five-judge bench consisting of Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha, and Justice Dipankar Datta. The review session is set to occur in private chambers, following judicial norms that preclude an open-court hearing for such proceedings.
This judicial review follows the court’s decision on October 17, 2023, led by then Chief Justice D Y Chandrachud, which denied legal status to same-sex marriages under the existing laws. The ruling declared that marriage, as recognized legally, does not universally apply to all forms, except those explicitly acknowledged by statutory provisions.
Justice P S Narasimha, notable for being the only member from the original bench partaking in the upcoming review, had been part of the previous Constitution bench that delivered a controversial verdict. That bench, which also included former justices S K Kaul, Ravindra Bhat, Hima Kohli—all now retired—had concluded unanimously against the legal recognition of same-sex marriages under the Special Marriage Act, citing the matter’s jurisdiction under the legislative powers of Parliament.
In addition to rejecting the pleas for marriage recognition, the apex court had advocated for enhanced protective measures for the LGBTQIA++ community, including the establishment of “garima greh” safe houses and dedicated hotlines for those facing harassment or violence.
The legal landscape for LGBTQIA++ rights in India saw a beacon of hope in 2018 when the Supreme Court decriminalized consensual gay sex. Activists and petitioners, galvanized by this milestone, have continued to press for broader legal recognitions, such as same-sex marriage and related civil rights, including adoption, banking, and educational enrolments for same-sex couples.
