Supreme Court To Review Same-Sex Marriage Rulings On January 9

Supreme Court to Revisit Verdict on Same-Sex Marriage Legalization

 

The Supreme Court of India has scheduled a review of its earlier decision against the legalization of same-sex marriage for January 9, 2025. The review, a significant step for LGBTQIA++ rights in India, will be conducted by a newly constituted five-judge bench comprising Justices B.R. Gavai, Surya Kant, B.V. Nagarathna, P.S. Narasimha, and Dipankar Datta. This session will take place in private chambers, adhering to judicial norms for such proceedings.

 

Background of the Case

 

On October 17, 2023, a Constitution Bench led by Chief Justice D.Y. Chandrachud ruled against granting legal recognition to same-sex marriages under the existing laws. The bench, which included Justices S.K. Kaul, Ravindra Bhat, Hima Kohli, and P.S. Narasimha, declared that the institution of marriage, as legally defined, could only extend to forms explicitly acknowledged by statutory provisions.

 

Justice P.S. Narasimha is the only member from the original bench participating in the upcoming review. The previous ruling emphasized that the matter of same-sex marriage legalization falls within the legislative domain of Parliament.

 

Despite denying legal recognition, the court underscored the need for greater protections for the LGBTQIA++ community. It recommended measures like the establishment of “garima grehs” (safe houses) and dedicated hotlines to support individuals facing harassment or violence.

 

The Road Ahead

 

This judicial review has reignited hope among LGBTQIA++ activists and allies, who have been striving for broader legal recognition. Since the landmark 2018 judgment decriminalizing consensual gay relationships, the community has been advocating for rights such as marriage, adoption, joint banking, and educational enrollment for same-sex couples.

 

The review, set against a backdrop of legal and societal progress, marks another step in the fight for equality. As India watches closely, this decision could shape the future of LGBTQIA++ rights in the country, balancing tradition, societal values, and the constitutional promise of equality and dignity for all citizens.