Today, Justice Sanjiv Khanna of the Supreme Court recused himself from hearing review petitions challenging the Supreme Court's October 2023 verdict, which denied the right of same-sex couples to marry or form civil unions.

A five-judge bench, led by Chief Justice of India (CJI) DY Chandrachud, assembled in chamber at 1:30 pm today to hear the review petition.

Senior Advocate Neeraj Kishan Kaul mentioned the matter on Tuesday before a Bench led by CJI DY Chandrachud, requesting an open court hearing. However, the Court asserted that the Constitution Bench review would have to be conducted in chambers and scheduled the hearing for 1:30 pm today.

In November last year, Senior Counsel and former Attorney General Mukul Rohatgi also made an urgent mention seeking an open-court hearing for the review petitions in the marriage equality case. A Constitution Bench led by CJI Chandrachud, and including Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, ruled on October 17, 2023, against recognizing same-sex marriages.

The Court had stated that the current law does not recognize the right to marry or the right of same-sex couples to enter into civil unions, and that it is up to Parliament to enact laws enabling such rights. Additionally, the Court held that the law does not recognize the rights of same-sex couples to adopt children.

The Court had also held that the law does not recognize the rights of same-sex couples to adopt children. The majority opinion was delivered by Justices Bhat, Kohli, and Narasimha, with Justice Narasimha delivering a separate concurring opinion. CJI Chandrachud and Justice Kaul delivered separate dissenting judgments.

All the judges unanimously agreed that there is no unqualified right to marriage and that same-sex couples cannot claim it as a fundamental right. The Court also unanimously rejected the challenge to the provisions of the Special Marriage Act.

The majority of Justices Bhat, Kohli, and Narasimha also held that civil unions between same-sex couples are not recognized under the law and that such couples cannot claim the right to adopt children. However, in their separate minority opinions, CJI Chandrachud and Justice Kaul ruled that same-sex couples are entitled to recognize their relationships as civil unions and can claim consequential benefits. They also stated that such couples have the right to adopt children and struck down adoption regulations to the extent that they prevented this.

Review petitions were filed against that verdict, which came to be heard today in chamber when Justice Khanna chose to recuse himself.