Supreme Court Dismisses Review Plea on Same-Sex Marriage Verdict

A bench comprising Justices Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta heard a review petition filed before the Supreme Court, challenging its October 2023 verdict on same-sex marriage. The petition argued that the judgment contained errors apparent on the face of the record and was self-contradictory and manifestly unjust.

In July 2024, a request was made to the Chief Justice of India to allow an open court hearing of the review petitions. However, the plea was ultimately dismissed.

Two weeks earlier, the Supreme Court had delivered a landmark judgment, holding that no fundamental right to marry could be derived from the Indian Constitution. The review petition, filed under Article 137, contended that the majority opinion authored by Justices S Ravindra Bhat, PS Narasimha, and Hima Kohli was erroneous. It stated that the judgment acknowledged discrimination against the petitioners by the respondents but failed to prohibit such discrimination.

The petition further argued that the majority judgment misunderstood the nature of marriage, describing it as an enforceable social contract accessible to all consenting adults, regardless of their faith or beliefs. It emphasized that "no group has the authority to define marriage for another" and asserted that "the right to marry is fundamental, and no state action or contract can curtail this right."

In its October 2023 verdict, the Constitution Bench, led by then Chief Justice of India DY Chandrachud, deferred the matter to the Union government, recommending the formation of a High-Powered Committee headed by the Cabinet Secretary to examine issues related to queer relationships.