The Supreme Court on Thursday dismissed review petitions challenging its October 2023 verdict that refused to recognize the right of same-sex couples to enter into marriages or have civil unions [Supriyo vs Union of India]..The Bench of Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha and Dipankar Datta said that there was no error apparent in the top court's judgment and no interference was warranted.."We have carefully gone through the judgments delivered by Hon’ble Mr. S. Ravindra Bhat (Former Judge) speaking for himself and for Hon’ble Ms. Justice Hima Kohli (Former Judge) as well as the concurring opinion expressed by one of us (Hon’ble Mr. Justice Pamidighantam Sri Narasimha), constituting majority view. 4. We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted," the Court said..A Constitution Bench of then Chief Justice of India (CJI) DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha had on October 17, 2023 ruled against recognising same-sex marriages. The Court had 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 up to the parliament to make laws enabling the same.The Court had 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.The decision came to be challenged by the petitioners by way of review petitions which were dismissed today..[Read Order]
