The Supreme Court has refused to reconsider the decision given in the gay marriage case. Apart from this, the court has also rejected the review petitions demanding reconsideration against the decision. A bench of five judges led by Supreme Court Justice BR Gavai rejected the review petition filed in this case. The review petition was considered by the five judges in the chamber and was rejected. The court said that there is no flaw in the decision given by the Supreme Court in this case, hence there is no need to interfere in it.
Let us tell you that in the decision given on 17 October 2023, the Supreme Court had refused to give legal recognition to gay marriage. A demand was made to reconsider that decision from the Supreme Court. But the bench of 5 judges has accepted that the decision was correct.
hearing in closed chamber
A bench of 5 judges headed by Supreme Court Justice BR Gavai saw it in a closed chamber as per the rules laid down for review petitions. If the judges felt that there was a legal flaw in the earlier decision or that some important questions were not answered in that decision, then they would have directed to put it up for hearing in the open court. But the judges did not feel the need for a re-hearing.
In the decision on which 13 petitions were filed demanding reconsideration, it was said that marriage is not a fundamental right. Homosexuals also have the right to choose their partner and live with him, but the government cannot be ordered to give their relationship the status of marriage or to give legal recognition in any other way. If the government wishes, it can form a committee to consider the concerns of such couples. The court had accepted that this subject falls within the jurisdiction of the government and the MP. The court had also made it clear that gay couples cannot adopt a child.
The court gave this decision in 2023
In fact, the Constitution Bench of the Supreme Court, in its decision given on October 17, 2023, had bluntly said that we cannot recognize gay marriage. Because this is a matter within the jurisdiction of Parliament. However, the Supreme Court had accepted the government's proposal to set up a panel to give social and legal rights to gay couples.
The Supreme Court said that there is no error in the record and the views expressed in the judgment are in accordance with the law and no interference is justified. Then in the bench of 5 judges, Chief Justice of India DY Chandrachud and Justice Sanjay Kishan Kaul had advocated recognition of same-sex partnerships. He also said that it is necessary to enact anti-discrimination laws to protect the rights of LGBTQIA+ couples.
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