Supreme Court's Constitution bench to consider review pleas on same-sex marriage verdict on January 9

New Delhi: A Constitution bench of the Supreme Court will consider the pleas seeking review of its October 17, 2023 verdict declining legal sanction to same-sex marriage on January 9.

A bench of Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha and Justice Dipankar Datta will take up about 13 petitions related to the matter in chambers.

According to Supreme Court Rules, the review pleas are considered in chambers by judges by circulation of documents and without presence of counsel.

The top court had earlier refused to allow an open-court hearing on the review pleas. The new bench was constituted after Justice Sanjiv Khanna, the present CJI, recused from hearing the review petitions on July 10, 2024.

Notably, Justice P S Narasimha is the only member of the original Constitution bench comprising five judges which delivered the verdict, as former CJI D Y Chandrachud and Justices S K Kaul, Ravindra Bhat, and Hima Kohli have retired.

According to the Supreme Court's causelist, the review petitions would be considered at around 1.55 pm on January 9. A five-judge Constitution bench led by then CJI Chandrachud on October 17, 2023, refused to accord legal backing to same-sex marriages and held there was "no unqualified right" to marriage with the exception of those recognised by law.

The apex court, however, made a strong pitch for the rights of LGBTQIA++ persons so they didn't face discrimination in accessing goods and services available to others; safe houses known as "garima greh" in all districts for shelter to members of the community facing harassment and violence, and dedicated hotlines in case of trouble.

In its judgement, the bench held transpersons in heterosexual relationships had the freedom and entitlement to marry under the existing statutory provisions.

It said an entitlement to legal recognition of the right to union, akin to marriage or civil union, or conferring legal status to the relationship could be only done through an "enacted law". The five-judge Constitution bench delivered four separate verdicts on a batch of 21 petitions seeking legal sanction for same-sex marriages.

All five judges were unanimous in refusing the legal recognition to same-sex marriage under the Special Marriage Act and observed it was within Parliament's ambit to change the law for validating such a union.