Same-Sex Marriage Review Petitions Rejected by Supreme Court

The Supreme Court of India today dismissed review petitions challenging its October 2023 verdict refusing to grant legal recognition to same-sex marriages. The verdict was issued in the landmark Marriage Equality Case and had sparked widespread debates about LGBTQ+ rights in India.

Review Petitions Dismissed in Chambers

The review petitions in Supriyo @ Supriya Chakraborty and another vs. Union of India were considered by a five-judge bench comprising Justices B.R. Gavai, Suryakant, B.V. Nagarathna, P.S. Narasimha, and Dipankar Datta. The bench deliberated in chambers, meaning no open court hearing took place.

The bench dismissed the petitions, stating:

“We do not find any error apparent on the record. We further find that the views expressed in both judgments are in accordance with law and as such no interference is warranted.”

Constitution of the Review Bench

This bench was formed after Justice Sanjiv Khanna recused himself from hearing the review petitions in July 2024. Notably, Justice P.S. Narasimha was the only member of the original five-judge bench that delivered the October 2023 verdict still in service. The other members, including then-CJI D.Y. Chandrachud and Justices S.K. Kaul, Ravindra Bhat, and Hima Kohli, have since retired.

Background of the Original Verdict of Supriyo @ Supriya Chakraborty and another vs. Union of India

On October 17, 2023, the Supreme Court declined to recognise same-sex marriages, stating that the issue was within the legislature’s purview. However, the Court unanimously held that queer couples have the right to cohabit without facing threats, violence, or coercion.

While Chief Justice D.Y. Chandrachud and Justice S.K. Kaul expressed support for recognising civil unions for queer couples, the remaining judges on the bench—Justices Ravindra Bhat, Hima Kohli, and P.S. Narasimha—disagreed.

The Court directed the Union government to form a committee to examine the rights and entitlements of queer individuals in non-marital partnerships but refrained from legally recognising their relationships as marriages.

Arguments in the Review Petitions

The review petitions contended that the October 2023 judgment was contradictory and unjust. Petitioners argued:

• The judgment acknowledged that queer individuals face discrimination but failed to prohibit such discrimination or provide legal protection.
• The refusal to recognise same-sex marriages amounted to a failure to uphold the fundamental rights guaranteed under the Constitution.
• The verdict left queer couples without any legal framework for securing their rights, despite recognising their right to cohabit.

Court’s Stand on the Review Petitions of Supriyo @ Supriya Chakraborty and another vs. Union of India

After reviewing the original judgments authored by Justices Ravindra Bhat (joined by Justice Hima Kohli) and Justice P.S. Narasimha, the review bench concluded that there were no errors apparent on the record. It upheld the original decision, reiterating that legal recognition of same-sex marriages is a matter for the legislature to decide.

Case Title

Supriyo @ Supriya Chakraborty and another vs. Union of India | RP (c) 1866/2023 and connected cases