On Wednesday, a review petition was submitted to the Supreme Court, contesting its verdict on October 17, which denied recognition of the rights of same-sex couples to engage in marital unions or civil partnerships.
Udit Sood, one of the petitioners submitted the review petition.
On October 17, a Constitution Bench headed by Chief Justice of India (CJI) DY Chandrachud, along with Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, issued a verdict that rejected the recognition of same-sex marriages.
The Court stated that, in the current legal framework, the right to marry and the ability of same-sex couples to establish civil unions are not acknowledged. It emphasized that the responsibility for enabling such rights lies with the Parliament to enact appropriate legislation.
The Court also held that the law does not recognise 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 had delivered separate dissenting judgments.
Nevertheless, Chief Justice of India (CJI) Chandrachud and Justice Kaul expressed their dissenting views in separate minority opinions. They maintained that same-sex couples should have the right to recognize their relationships as civil unions and access the associated benefits. They also asserted that such couples possess the right to adopt children and, in this context, invalidated adoption regulations that impeded this right to adoption for same-sex couples.
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