The Supreme Court on Thursday rejected a batch of petitions seeking review of its judgement by which it had denied to recognise same-sex marriage.

A bench of Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha and Dipankar Datta said it found no error apparent on these earlier judgments.

"We have carefully gone through the judgments delivered by S Ravindra Bhat (former judge) speaking for himself and for Justice Hima Kohli (former judge) as well as the concurring opinion expressed by one of us (Justice Pamidighantam Sri Narasimha), constituting majority view. We do not find any error apparent on the face of the record," the judgement stated.

"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. Pending application(s), if any, stand(s) disposed of," the judgement added.

The bench considered the review petitions in chambers (not in open court).

A five judge-judge Constitution bench in October 2023 had held that there is no unqualified right to marriage and same-sex couples cannot claim that as fundamental right.

On October 17, 2023, the apex court had refused to recognise the right of same-sex couples to enter into marriages or have civil unions and left it to the Parliament to decide the issue.

The Constitution bench had unanimously said it cannot strike down the provisions of the Special Marriage Act (SMA) or read words differently to include non-heterosexual couples within its fold.

It had refused to tweak the provisions of the Special Marriage Act even as the apex court declared that queer couples have a right to cohabit without any threat of violence, coercion of interference.

The verdict of the apex court had come on a batch of petitions seeking right to marriage for members of the LGBTQIA+ community under the Special Marriage Act, 1954.The petitioners before the apex court included same-sex couples, rights activists, social workers and organisations.

Published on January 10, 2025