Review petition filed against Supreme Court’s latest Judgement on the same sex marriage case 

Supreme Court of India on 18^th October 2023, gave a Judgement about same sex marriages where they concluded that it is the job of the legislature to make laws about same sex marriage. The five Judge Bench gave the verdict with a 3:2 majority refusing to grant the right to enter civil unions by non-heterosexual couples. 

The Queer community doesn’t hold any legal rights under Family Law in matters of Civil Union, Divorce, Succession, Inheritance etc. The wider interpretation of the Special Marriage Act didn’t extend to the scope to recognize Queer community as legally married couples and include Gender neutral interpretation of the act.

Justice Chandrachud also pointed out the fact that homosexuality isn’t any urban elite concept. It has no connection to any rural or urban lifestyle.  However, there was no disagreement between the Judges on the fact that homosexual couples can enter a relationship without the fear of any legal repercussions or threats. 

The hopes of the LGBTQAI community are now on the formation of a committee to decide upon the legal rights of the Queer couples. 

Considering all of this, a review petition was filed on 1^st November,2023 in Supreme Court about the latest Judgement, the petitioner named- Udit Sood. The petition challenges the majority opinion of the five-judge bench about – non legal recognition of same sex marriages under law and inability of Queer couples to legally adopt children. 

The dissenting minority opinion was given by CJI Chandrachud and Justice Kaul in which they laid down that same-sex couples can enter lawful civil unions and have the right to adopt children as well. 

Written By- Aasmi Abrol , College Name- School of Law, Model Institute of Engineering and Technology, University of Jammu , 3^rd Semester, 2^nd year, BBA-LLB (Hons.), An intern under Legal Vidhiya 

References- 

• https://www.barandbench.com/news/review-petition-filed-supreme-court-judgment-same-sex-marriage-case#:~:text=The%20Court%20said%20that%20the,sex%20couples%20to%20adopt%20children.
• https://www.thehindu.com/opinion/editorial/law-and-custom-on-the-supreme-courts-verdict-on-same-sex-marriage/article67431076.ece
• https://www.thehindu.com/opinion/editorial/law-and-custom-on-the-supreme-courts-verdict-on-same-sex-marriage/article67431076.ece
• https://www.aljazeera.com/features/2023/10/17/unpacking-indian-supreme-courts-verdict-on-same-sex-marriage

Admin