New Delhi: The Supreme Court has set a date to reconsider petitions that challenge the verdict on same-sex marriage delivered by a five-judge bench on October 17, 2023. On November 28, the court will hear these petitions, acknowledging the request put forth by senior advocate Mukul Rohatgi, representing queer couples.

During the plea presented to a bench led by Chief Justice of India Dr DY Chandrachud, Rohatgi emphasized that while the October 17 judgment acknowledged discrimination against LGBTQAI+ individuals, it concluded by denying recognition to marriages between same-sex couples. Stressing the significance of the review petitions, Rohatgi urged an open court hearing, highlighting its profound impact on numerous lives.

Review Petitions' Hearing Procedure: Typically, the Supreme Court reviews petitions internally, with the same judges who delivered the initial verdict examining them in their chambers. However, due to Justice Ravindra Bhat's retirement from the bench that issued the original judgment, a new panel must be constituted by Chief Justice Chandrachud for this case.

Original Petitioners File Review Petitions: Recently, the original petitioners, Udit Sood and Supriyo Chakraborty, filed two review petitions in the Supreme Court. They argued that the majority verdict compelled queer couples to conceal their identities and deprived them of the rights enjoyed by heterosexual couples, such as the freedom to marry, choose a partner, and build a family. They contended that this denial violated constitutional provisions safeguarding equal treatment under Articles 14, 19, and 21 of the Indian Constitution.

In the landmark decision on October 17, the five-judge constitution bench, comprising Chief Justice Dr DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice PS Narsimha, and Justice Hima Kohli, ruled 3-2 against the recognition of same-sex marriages. The verdict highlighted that only Parliament holds the authority to enact laws regarding the acknowledgment or non-recognition of such unions. Notably, all five judges acknowledged the absence of a fundamental right to marry and emphasized Parliament's role in protecting queer couples.

However, Chief Justice Chandrachud and Justice Sanjay Kishan Kaul, in their minority opinion, advocated for civil rights unions for queer couples despite the court's inability to recognize same-sex marriages. They emphasized the importance of granting civil rights protection to LGBTQAI+ individuals.

The upcoming hearing on November 28 holds considerable significance as it determines the reconsideration of a crucial issue impacting the rights and lives of LGBTQAI+ individuals across the nation.

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