NEW DELHI: Senior Supreme Court Justice Sanjiv Khanna withdrew from reviewing pleas to reconsider last year's Supreme Court decision rejecting legal recognition of same-sex marriages, sources disclosed on Wednesday. Justice Khanna cited personal reasons for his recusal.
His withdrawal necessitates Chief Justice D Y Chandrachud to form a new five-judge constitution bench to handle the review pleas.
Earlier this week, the Supreme Court declined to hold open court hearings for the review petitions concerning last year's judgment. In a ruling last October, a constitution bench led by Justice Chandrachud denied legal sanction to same-sex marriages, emphasizing that marriage rights are subject to legal recognition.
Despite this, the court advocated strongly for LGBTQ rights, advocating against discrimination in access to goods and services. It also mandated the establishment of 'Garima Greh' safe houses across all districts to shelter community members facing harassment, along with dedicated hotline numbers for immediate assistance.
The bench comprising Chief Justice Chandrachud and Justices Hima Kohli, B V Nagarathna, and P S Narasimha was set to privately review the petitions seeking reconsideration of the judgment.
Apex Court UrgedLegislative Role in Same-Sex Marriage Status: The Supreme Court, on October 17 last year, emphasized that it preferred legislative deliberation over judicial intervention regarding the legal recognition of same-sex marriage. The Court stated that Parliament should decide whether to enact laws regarding this matter.
The majority opinion of the Constitution Bench diverged from Chief Justice Chandrachud's suggestion that the government should consider granting a 'civil union' status to same-sex partners. The majority argued that such a concept lacked statutory backing.
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