NEW DELHI: The Supreme Court on Thursday dismissed the review petitions on same-sex marriage observing that ‘no interference is warranted’ in the earlier judgment.
A batch of petitions had sought review of 2023 judgement. A five judge Constitution Bench had held in October 2023 that there is no unqualified right to marriage and same-sex couples cannot claim that as fundamental right.
“We do not find any error apparent on the face of the record. We further find that the view expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed,” the court said.
In a ruling on October 17, 2023, a five-judge bench led by then Chief Justice DY Chandrachud had declined to modify or interpret gender-specific terms in the Special Marriage Act as gender-neutral.
The court had left the decision of implementing marriage equality legislation to the parliament.
The Constitution Bench unanimously concluded that marriage is not an absolute right. They supported the government’s suggestion to establish a committee, chaired by the Cabinet Secretary, to evaluate potential administrative measures addressing fundamental social welfare issues concerning same-sex partnerships.
The court also directed both central and state governments to protect the LGBTQ+ community from discrimination based on sexual orientation, ensuring they receive equal access to all goods and services.