Supreme Court to hear on Nov 28 review petition against top court’s judgement declining marriage equality right to queer couples

The Supreme Court will hear a review petition on November 28 against the top court’s judgment declining marriage equality rights to queer couples, news agency ANI reported on Thursday. The petitioner has sought an open court hearing. The apex court has said that it will look into the petitioner’s plea seeking an open court hearing on the review petition.

In October, a five-judge constitution bench headed by Chief Justice D Y Chandrachud, denied legal recognition to same-sex marriage, saying there was “no unqualified right” to marriage with the exception of those that are recognised by law. Notably, all the five judges unanimously refused to give legal backing to same-sex marriage under the Special Marriage Act. The bench observed it is within the Parliament’s ambit to change the law for validating such marriages.

The majority judges by 3:2 held that non-heterosexual couples cannot be granted the right to jointly adopt a child. However, CJI and Justice Kaul said that these couples have the right to jointly adopt a child.

The bench, comprised of Chief Justice of India DY Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, refused to tweak the provisions of the Special Marriage Act, even as the top court said that queer couples have a right to cohabit without any threat of violence, coercion, or interference.