New Delhi: The Supreme Court on Tuesday declined the request to hold an open court hearing for the review petition challenging its previous judgment that refused to legally recognize same-sex and queer marriages. Chief Justice DY Chandrachud stated that reviews of Constitution Bench judgments are typically conducted in chambers rather than in open court.

The review petition, filed against the Supreme Court's judgment dated October 17, 2023, was presented by senior Advocate NK Kaul. The petitioners had urged the court to conduct an open hearing on the plea seeking legal recognition for same-sex and queer marriages under various laws, including the Special Marriage Act (SMA) of 1954, the Foreign Marriage Act (FMA) of 1969, and the Citizenship Act of 1955.

The Supreme Court is scheduled to hear the review petition on July 10. The Constitution Bench for this review will be led by Chief Justice DY Chandrachud, with Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha. Justices SK Kaul and S. Ravindra Bhat, who were part of the original bench, have been replaced by Justices Khanna and Nagarathna.

Several review petitions have been filed challenging the Supreme Court's earlier judgment, which had denied marriage equality rights to queer couples. Advocates Karuna Nundy and Ruchira Goel are among those filing petitions to review the majority judgment, which rejected the pleas for legal recognition of same-sex and queer marriages.

The majority judgment, delivered by Justices SR Bhat, Hima Kohli, and PS Narasimha, stated that there is no fundamental right to marry under the Constitution and that transgender persons have the right to heterosexual marriage under existing laws. The judgment also ruled against granting adoption rights to queer couples, stating that existing regulations do not provide for such rights.

Petitioners argue that the majority judgment contains legal errors, misapplies established principles, and results in grave injustice. They contend that the judgment erroneously frames their request as a demand for the creation of a new institution of marriage rather than an extension of existing legal institutions. The petition also criticizes the judgment for failing to address Regulation 5(3) of the Adoption Regulations, 2022, which treats children of married and unmarried couples differently.

The petitioners assert that the majority judgment's errors have serious consequences for the lives and relationships of queer couples, who remain outside the protection of the law. They seek to overturn the earlier decision and urge the court to consider remedies under Sections 15-18 of the Special Marriage Act, 1954, to extend legal recognition to non-heterosexual marriages.

ED Raids 14 Locations in Haryana Over Multi-Crore VAT Scam

SIT Report on Hathras Stampede: Overcrowding, Administrative Lapses Cited

Four Indian-Origin Individuals Arrested in Texas Human Trafficking Case