The Supreme Court of India is set to hear a review petition challenging its decision to deny legal recognition to same-sex marriages on July 10
This development follows a landmark ruling last October, where a five-judge bench ruled against legalizing same-sex marriage in the country.
Key Points
In a significant development, two of the judges who delivered the original judgment retired last year, prompting a reconsideration of the case. The review petition was filed by Udit Sood, a patent attorney and one of the petitioners in the case, expressing disappointment with the court’s verdict.
Detailed Review
The plea argues that the majority judgment was flawed, pointing out contradictions and injustices that affect the fundamental rights of queer individuals in India. It contends that the ruling perpetuates discrimination and forces many queer Indians to lead concealed lives.
Court’s Previous Decision
Previously, the Supreme Court declined to legalize same-sex marriages, asserting that legislation enabling such unions should originate from Parliament. This decision came despite the court’s recognition of equal rights and protections for queer individuals, emphasizing the need for societal sensitization to prevent discrimination.
Judicial Divide
The ruling was delivered with a split of 3:2 among the judges, highlighting differing opinions on issues including adoption rights and the interpretation of constitutional freedoms.
Future Implications
The upcoming hearing, led by Chief Justice DY Chandrachud and a five-judge bench, including Justices Sanjiv Khanna, Hima Kohli, Nagarathna, and PS Narasimha, will revisit the complex legal and social issues surrounding same-sex marriage in India.
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