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"Be Gay but in private"- Supreme Court Dismisses Review Pleas on Same-Sex Marriage Verdict

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In a significant ruling on Thursday, the Supreme Court of India refused to entertain review petitions challenging its previous decision that denied legal recognition to same-sex marriages. The court reaffirmed its 2023 judgment, which had sparked a nationwide debate, particularly among LGBTQIA+ activists and allies, who expressed deep disappointment at the verdict.

 

The bench, consisting of Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta, reviewed the petitions in chambers and found no "error apparent on the face of the record" in its earlier ruling. Emphasizing that the judgment aligned with existing law, the court dismissed all review petitions without hearing the matter in an open court, reinforcing its stance.

 

The case originated from the July 2023 judgment, in which a Constitution bench, headed by then-Chief Justice DY Chandrachud, had concluded that the Special Marriage Act, 1954, could not be amended to recognize same-sex marriages. In a 3-2 verdict, the court rejected the idea of granting legal status to same-sex marriages and civil unions, asserting that Parliament was the appropriate forum for such discussions. Justices Kaul and Chandrachud had dissented, advocating for the recognition of civil unions, which would have granted same-sex couples specific rights and responsibilities akin to married couples.

 

LGBTQIA+ advocates argued that the ruling forced same-sex couples to live in secrecy, lacking legal protections. The dismissal of the review petitions further deepens the divide, as calls for legislative action continue to grow in the wake of the verdict.

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