Review petition filed against Supreme Court judgment in same-sex marriage case

A review petition was filed before the Supreme Court on Wednesday challenging the top court's October 17 verdict that refused to recognize the right of same-sex couples to enter into marriages or have civil unions..The review petition was filed by one of the petitioners before the top court, Udit Sood..A Constitution Bench of Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha had on October 17 ruled against recognising same-sex marriages.The Court said that the law as it stands today does not recognise the right to marry or the right of same-sex couples to enter into civil unions, and that it is upto the Parliament to make laws enabling the same.The Court also held that the law does not recognise rights of same-sex couples to adopt children.The majority opinion was delivered by Justices Bhat, Kohli and Narasimha with Justice Narasimha delivering a separate concurring opinion. CJI Chandrachud and Justice Kaul had delivered separate dissenting judgments..All the judges were unanimous in holding that there is no unqualified right to marriage and same-sex couples cannot claim that as a fundamental right.The Court also unanimously turned down the challenge to provisions of the Special Marriage Act.The majority of Justices Bhat, Kohli and Narasimha also held that civil unions between same sex couples are not recognised under law and they cannot claim right to adopt children either.However, CJI Chandrachud and Justice Kaul in their separate minority opinions had ruled that same-sex couples are entitled to recognise their relationships as civil union and can claim consequential benefits.In this regard, they had also said that such couples have the right to adopt children and had struck down adoption regulations to the extent it prevented the same.