The Supreme Court, in its earlier October 17 decision, unanimously held that queer couples have a right to cohabit without threats of violence, coercion, or interference. However, it refrained from granting legal recognition to queer marriages
GUWAHATI: The Supreme Court on Thursday, January 9, dismissed review petitions challenging its October 2023 verdict that denied legal recognition for queer marriages in India.
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A bench comprising Justices B.R. Gavai, Suryakant, B.V. Nagarathna, P.S. Narasimha, and Dipankar Dutta considered the review petitions in chambers, reaffirming the earlier decision. The bench stated that it had thoroughly reviewed the majority judgements authored by Justice Ravindra Bhat (for himself and Justice Hima Kohli) and Justice P.S. Narasimha, finding no “error apparent on the record.”
The Supreme Court, in its earlier October 17 decision, unanimously held that queer couples have a right to cohabit without threats of violence, coercion, or interference. However, it refrained from granting legal recognition to queer marriages, deferring the matter to the legislature.
While Chief Justice Chandrachud and Justice Kaul supported the recognition of civil unions for queer couples, the remaining three judges on the bench disagreed. The verdict directed the central government to form a committee to examine the rights and entitlements of queer individuals without formally recognizing their unions as marriages.
The review petitions had criticised the October ruling for not providing legal protection to queer couples despite acknowledging the discrimination they face. Petitioners argued that the court had failed in its duty to uphold fundamental rights, characterising the verdict as "self-contradictory" and "manifestly unjust."
Despite these arguments, the review bench upheld the original judgment, maintaining that no legal error had been made.
