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Same-Sex Marriage: SC Agrees To Consider Review Petitions On October 17 Verdict

Responding to the petitions seeking reconsideration of the same-sex marriage verdict, CJI D Y Chandrahud said on Thursday that he was still to go through the review petitions and that the lawyers’ plea for an open court hearing would be considered appropriately.

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After its much debated October 17 verdict on same-sex marriages, the Supreme Court on Thursday agreed to review November 28 a bundle of petition seeking a reconsideration of the previous judgement. The October 17 verdict reportedly had refused to grant legal recognition to same-sex couples and said only Parliament and state legislatures can validate their marital unions.

Responding to the petitions seeking reconsideration of the verdict, CJI D Y Chandrahud said on Thursday that he was still to go through the review petitions and that the lawyers’ plea for an open court hearing would be considered appropriately.

Amongst the five judges on the same-sex marriage constitution bench, justice S Ravindra Bhat retired on October 20, which now necessitates the addition of a new judge to the bench for considering the review petitions.

Also, being head of the roster, the onus of fixing a date for considering the review plea inside judges’ chambers was also on CJI Chandrachud..

Previously, on October 17, by a 3-2 majority, the previous judgment had refused to grant legal recognition to same-sex marriage, and also declined to grant constitutional protection to civil unions and adoption rights for queer couples, noting that mandating the State to grant recognition or legal status to some unions will violate the doctrine of separation of powers and could lead to unforeseeable consequences.