India’s Supreme Court, steadfast in its reasoning, has dismissed pleas seeking a review of its October 2023 verdict denying legal recognition to same-sex marriage. The bench, comprising Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha, and Dipankar Datta, found no “error apparent on the face of the record” nor any grounds for intervention.
Deliberating in chambers, the court meticulously revisited the judgments delivered by Justice S. Ravindra Bhat, speaking for himself and Justice Hima Kohli, along with the concurring opinion of Justice PS Narasimha. The verdict, the court observed, aligns with established legal principles and constitutional tenets.
The bench noted, “We find no warrant for interference. The views expressed are in accordance with the law.” Justice Sanjiv Khanna, now Chief Justice of India, had earlier recused himself from the matter, prompting the reconstitution of the review bench. Justice Narasimha remains the sole member of the original Constitution bench still in office.
In the October 2023 judgment, the court had underscored that the right to marriage is not absolute, being confined to those unions sanctioned by law. Yet, the court firmly asserted the dignity and rights of the LGBTQIA++ community, repudiating the Centre’s assertion that queerness is elitist or confined to urban spaces.
Justice SK Kaul, in his reflective observations, highlighted, “Same-sex relationships have existed from antiquity, offering not just physical, but emotional fulfillment. These unions deserve recognition as partnerships rooted in love and companionship.”
This decision marks a reaffirmation of the court’s commitment to constitutional morality, while the debate over legal rights for same-sex unions continues to resonate across the nation.
