Same-Sex Marriage: Plea Filed In Supreme Court Seeking Review Of Oct 17 Verdict

Last month, a five-judge constitution bench headed by Chief Justice D Y Chandrachud, denied legal recognition to same-sex marriage.

Supreme Court of India ( Image Source :Getty Images )

New Delhi: A review petition was filed in the Supreme Court regarding its October 17 verdict denying legal recognition to same-sex marriage. The plea, filed by petitioner Udit Sood, said the majority judgment acknowledged discrimination against same-sex couple but "turned them away with best wishes for the future", news agency PTI reported.

“The Petitioners respectfully submit that this Court ought to review and correct its decision in …because the impugned judgment suffers from errors apparent on the face of the record and is self-contradictory and manifestly unjust,” the review petition read.

Last month, a five-judge constitution bench headed by Chief Justice D Y Chandrachud, denied legal recognition to same-sex marriage, saying there was "no unqualified right" to marriage with the exception of those that are recognised by law.

It is to be noted that all the five judges unanimously refused to give legal backing to same-sex marriage under the Special Marriage Act. The bench observed it is within the Parliament's ambit to change the law for validating such marriages.

However, the apex court, by a majority of 3:2, held that the same-sex couples do not have the right of adoption.

“To find that the petitioners are enduring discrimination, but then turn them away with best wishes for the future, conforms neither with this court's constitutional obligation towards queer Indians nor with the separation of powers contemplated in the Constitution,” the review petition read.

“The majority judgment warrants review because it summarily disregards the foregoing authority to make the chilling declaration that the Constitution of India guarantees no fundamental right to marry, found a family, or form a civil union,” the plea added.

Notably, after the Supreme Court decriminalised consensual gay sex in 2018, the LGBTQIA++ persons had moved the top court seeking validation of same-sex marriage and reliefs such as right to adoption, enrolment as parents in schools, opening of bank accounts and availing insurance benefits.