On July 10, 2024, the Supreme Court of India’s five-judge constitution bench, led by Chief Justice of India DY Chandrachud, will convene in-chambers to consider a series of review petitions challenging last year’s decision that denied legal recognition to same-sex marriage. The bench, comprising Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha, will evaluate pleas seeking to overturn the previous ruling, which emphasized that marriage rights are contingent upon existing legal frameworks.
The court’s decision not to allow an open court hearing on Tuesday, despite requests from senior advocates Abhishek Singhvi and NK Kaul, reflects the sensitivity and complexity of the issue. The earlier judgment acknowledged the rights of transgender individuals within heterosexual marriages but asserted that any formal recognition of same-sex unions, akin to marriage or civil union, must be legislated.
In October of the previous year, the constitution bench delivered four separate opinions on 21 petitions seeking legal sanction for same-sex marriages. While all judges agreed on denying legal status under the Special Marriage Act, they underscored that parliamentary action would be required to validate such unions.
Today’s session holds significant implications for LGBTQ+ rights in India, marking a crucial phase in the ongoing legal battle for marriage equality. The outcome will not only impact the petitioners but also set precedents for future interpretations of constitutional rights and legislative reforms concerning LGBTQ+ communities in the country.
