Losing by a majority of 3-2, the judgment regarding legal sanctions to same-sex marriage was declined along with the grant of constitutional protection to civil unions and the adoption rights for all queer couples.
On Thursday, “the Supreme Court agreed to consider on November 28 a bundle of petition seeking a reconsideration of its October 17 judgment that had refused to grant legal recognition to same-sex couples and said only Parliament and state legislatures can validate their marital unions.”
“Senior counsel Mukul Rohatgi mentioned the matter before Chief Justice of India Dhananjaya Y Chandrachud, requesting the CJI to ensure that the review petition comes up for consideration before five judges on November 28- the tentative date assigned by the court registry.”
Rohatgi submitted, saying, “We have also sought an open court hearing. It i tentatively listed on November 28. Let it not be delayed. Apart from this, majority or minority, both views have held that there is discrimination (against LGBTQ+ couples). If there is discrimination, there also has to be a remedy. This is why we have passed for an open court hearing.”
The CJI said “he was still to go through the review petitions and that the lawyer’s plea for an open court hearing would be considered appropriately. A review petition comes up before the same composition of judges through circulation in their chambers and is mostly decided without an open court hearing. However, if the judges find some merit in the review plea, they can allow an open court hearing and oral arguments.”
Udit Sood, a US-based lawyer among the 52 petitioners seeking marriage equality, said, “The majority ruling is self-contradictory, facially erroneous, and deeply unjust. The majority found that queer Indians endure severe discrimination at the hands of the State, declared that discrimination must be prohibited, and then did not take the logical next step of enjoying the discrimination.”