In a significant legal development, Senior Counsel Mukul Rohatgi has urgently called for an open court hearing before the Supreme Court to review petitions challenging the recent verdict on same-sex marriage. Rohatgi argued passionately before Chief Justice of India (CJI) DY Chandrachud that the unanimous acknowledgment of discrimination by the Constitution bench should warrant a remedy. Despite unanimous agreement on the discriminatory nature of denying same-sex couples the right to marry, the initial verdict did not provide relief.

Highlighting the urgency and importance of the matter, Rohatgi stressed that the lives of a substantial number of people are at stake. The request for an open court hearing, an unusual move in review petitions typically considered in chambers, is set to be listed on November 28. CJI Chandrachud has expressed the intention to review the request and decide on the plea for an open court hearing.

Typically, review petitions in the Supreme Court are heard in chambers without oral arguments. However, the request for an open court hearing in the same-sex marriage case suggests the exceptional nature of the issue and its broader societal implications, akin to cases involving matters like the death penalty.

The Constitution Bench, comprising CJI Chandrachud and Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha, delivered a ruling against recognizing same-sex marriages on October 17. The court, in this instance, did not affirm the legal recognition of marriages between individuals of the same gender.

The majority opinion, delivered by Justices Bhat, Kohli, and Narasimha, asserted that the current legal framework does not recognize the right to marry or enter into civil unions for same-sex couples. The court also declared that existing legal provisions do not acknowledge the rights of same-sex couples to adopt children.

In a unanimous decision, the court rejected the challenge to provisions of the Special Marriage Act. The majority emphasized that civil unions between same-sex couples are not legally recognized, and such couples cannot assert the right to adopt children.

However, Chief Justice Chandrachud and Justice Kaul, in their minority opinions, argued that same-sex couples have the right to acknowledge their relationships as civil unions and can claim associated benefits. They also contended that such couples are entitled to adopt children, invalidating adoption regulations hindering this right.

The legal battle continues as the call for an open court hearing adds a new dimension to the ongoing debate on the rights of same-sex couples in India.