Same-sex marriage; review petition filed against Supreme Court verdict

NEW DELHI: Petitioners filed a review petition against the Supreme Court ruling that same-sex marriage cannot be legalized. The petition is against the judgment of the five-judge Constitution Bench. Supreme Court had rejected the demand to legalize same-sex marriage last month. A five-judge Constitution Bench unanimously ruled that marriage is not a fundamental right. Same-sex partners also do not have the right to adopt children. The court ruled by a 3-2 majority that Section 4 of the Special Marriage Act, which only recognizes marriages between men and women, is not unconstitutional.

The court held that this issue is a matter of policy of the central and state governments. Chief Justice DY Chandrachud and SK Kaul of the five-judge constitution bench ruled that legal protection could be provided, while the other three dissented. Justice S Ravindra Bhat held that the only purpose of the Special Marriage Act is marriage between a man and a woman. Justices Hima Kohli and PS Narasimha agreed with this and disagreed with the Chief Justice's view that freedom to live anywhere in the country also includes choosing one's partner.

The entire bench observed that the provisions of the Special Marriage Act cannot be abrogated and interpreted as it is a matter of policy of the Government. Doing so would be an encroachment on the powers of the legislatures. Legislatures are supposed to approve and legislate for such marriages. However, all five recognized the right of sexual minorities to live together.