Supreme Court Delays Decision on Same-Sex Marriage Review Petitions

The Supreme Court’s decision on review petitions regarding the legal recognition of same-sex marriage has been delayed after Justice Sanjiv Khanna recused himself due to personal reasons. A bench led by Chief Justice of India Dhananjaya Y Chandrachud was scheduled to consider petitions challenging the October 17 judgment, which refused to grant legal status to same-sex marriages, stating that such validation could only be provided by Parliament and state legislatures. Justice Khanna’s unexpected recusal has left the bench without the necessary quorum, requiring the CJI to reconstitute it.

Senior advocates Neeraj Kishan Kaul and Abhishek Manu Singhvi have requested that the review petitions be heard in open court rather than in chambers, citing the matter’s national significance. Chief Justice Chandrachud acknowledged the request and promised to consider it. Traditionally, review petitions are decided in chambers, but an open court hearing can be granted if the judges see merit in the plea. The petitioners argue that the public importance of the issue warrants a departure from standard practice.

The October 17 judgment, decided by a 3-2 majority, denied legal recognition to same-sex marriages and did not grant constitutional protection to civil unions and adoption rights for queer couples. Review petitioners, including Udit Sood and the couple Supriya Chakravarty and Abhay Dang, contend that the judgment was “manifestly unjust” and contradictory. They argue that while the court recognized the discrimination faced by the LGBTQIA+ community, it failed to provide necessary relief, effectively abdicating its duty to protect constitutional rights.

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