The Supreme Court of India, on Thursday, January 9, 2025, dismissed a series of review petitions challenging its October 2023 verdict that refused to legalize same-sex marriage. This landmark decision reaffirms the court’s stance, leaving the legislative ball in the government’s court.
The review petitions were dismissed by a newly constituted five-judge Bench led by Justice B.R. Gavai, and comprising Justices Surya Kant, B.V. Nagarathna, P.S. Narasimha, and Dipankar Datta. The Bench upheld the October 2023 judgment, stating that the court found no “error apparent on the face of the record.”
In a concise order, the Review Bench remarked: “We have carefully gone through the judgments delivered by Justices S. Ravindra Bhat (former judge) speaking for himself and for Hima Kohli (former judge) as well as the concurring opinion expressed by one of us (Justice PS Narasimha), constituting majority view. We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed.”
Core Arguments in the Review Petitions
The review petitions raised poignant arguments against the 2023 judgment, emphasizing the struggles faced by queer couples in India. Petitioners highlighted that the verdict perpetuates an environment where same-sex partners are denied the opportunity to lead lives with the dignity and authenticity that marriage offers.
Key Contentions:
- Forced Secrecy and Dishonest Lives: The petitions argued that the decision forces queer individuals to live “in the closet,” denying them the joys of a real family.
- Judicial Relief vs. Legislative Action: Petitioners criticized the court’s reliance on legislative action, noting that it left queer individuals vulnerable to government inaction.
A Recap of the October 2023 Judgment
In its October 2023 verdict, the Supreme Court had acknowledged the discrimination and indignities faced by queer individuals in their daily lives. However, the court refrained from granting judicial relief, asserting that the issue fell within the domain of the legislature. The majority opinion stressed that while the judiciary recognizes the struggles of the LGBTQ+ community, any significant legal reform must stem from legislative policy and societal consensus.
The dismissal of these review petitions has triggered diverse reactions from various stakeholders. While some see it as a reiteration of judicial prudence, others view it as a setback for LGBTQ+ rights.
LGBTQ+ Community Reactions
Members of the LGBTQ+ community have voiced disappointment, emphasizing the prolonged struggle for equality. Activists are calling for renewed efforts to build alliances and mobilize support for legislative reform.
Organizations advocating for LGBTQ+ rights have reiterated the need for continued dialogue and activism. Legal experts suggest that sustained public engagement could push the government toward enacting progressive legislation.
The Supreme Court’s decision to dismiss the review petitions has further entrenched its stance on same-sex marriage. While the judiciary acknowledges the challenges faced by the LGBTQ+ community, it has firmly placed the onus on the legislature to enact reforms. This ruling highlights the intertwined roles of legal, political, and societal forces in shaping the future of LGBTQ+ rights in India.
For the LGBTQ+ community and its allies, the path ahead involves persistent advocacy, awareness, and engagement to bring about lasting change. The ruling serves as a reminder of the importance of collective efforts in achieving equality and dignity for all.
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