NEW DELHI: The Supreme Court on Thursday dismissed the review requests in same-sex marriage noting that in the previous ruling “no interference is justified.”
A batch of petitions sought review of the 2023 ruling. A five-judge Constitutional Court held in October 2023 that there is no unconditional right to marriage and that same-sex couples cannot claim it as a fundamental right.
“We do not find any obvious error in the record. Further, we find that the opinion expressed in both the judgments is in accordance with law and as such, no interference is warranted. Accordingly, the review petitions are dismissed,” the bench said.
In a ruling on October 17, 2023, a five-judge bench headed by then Chief Justice DY Chandrachud refused to modify or interpret gender-specific terms in the Special Marriage Act as gender-neutral.
The court had left the decision to execute equal marriage legislation to parliament.
The Constitutional Court 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 possible administrative measures to address key social welfare issues related to same-sex couples.
The court also ordered the central and state governments to protect the LGBTQ+ community from discrimination based on sexual orientation, ensuring that they receive equal access to all goods and services.