The Supreme Court docket on Thursday rejected a batch of petitions searching for assessment of its judgement by which it had denied to recognise same-sex marriage, noting that there was no “error obvious” and no “interference is warranted”.
A bench comprising Justices B R Gavai, Surya Kant, B V Nagarathna, P S Narasimha, and Dipankar Datta reviewed the petitions. After analyzing the judgments of Justice Ravindra Bhat (delivered with Justice Hima Kohli) and Justice P S Narasimha, which fashioned the bulk, the bench discovered no errors in them.
“We now have rigorously gone via the judgments delivered by Hon’ble Mr. S. Ravindra Bhat (Former Decide) talking for himself and for Hon’ble Ms Justice Hima Kohli (Former Decide) in addition to the concurring opinion expressed by certainly one of us (Hon’ble Mr Justice Pamidighantam Sri Narasimha), constituting majority view. We don’t discover any error obvious on the face of the report,” the bench mentioned.
“We additional discover that the view expressed in each the judgments is in accordance with the legislation and, as such, no interference is warranted. Accordingly, the assessment petitions are dismissed,” it added.
No unqualified proper to marriage: SC
A five-judge Structure bench led by then CJI Chandrachud on October 17, 2024, refused to accord authorized backing to same-sex marriages and held there was “no unqualified proper” to marriage apart from these recognised by legislation.
The apex courtroom, nevertheless, made a robust pitch for the rights of LGBTQIA++ individuals in order that they did not face discrimination in accessing items and providers out there to others; protected homes generally known as “garima greh” in all districts for shelter to members of the group going through harassment and violence, and devoted hotlines in case of bother.
In its judgement, the bench held transpersons in heterosexual relationships had the liberty and entitlement to marry beneath the prevailing statutory provisions.
It mentioned an entitlement to authorized recognition of the proper to union, akin to marriage or civil union, or conferring authorized standing to the connection might be solely accomplished via an “enacted legislation”.
(With PTI inputs)