The Supreme Court in the case was hearing the review petition moved against the Constitution Bench judgement of the Supreme Court which had, on October 17, 2023, wherein the court in the matter refused to grant legal recognition for queer marriages in India saying that it being the matter for the legislature to decide.
The five-judge bench, led by Chief Justice of India DY Chandrachud and comprising Justice Sanjay Justice Kishan Kaul, Justice S Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha started hearing the pleas moved seeking recognition for queer marriage in India on April 18, 2023 and after rigorous deliberation, the bench had reserved its judgment on 11.05.2023.
The bench in the case pronounced the four judgements- written by CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat and Justice PS Narasimha respectively.
Therefore, the court had unanimously been held that there was no fundamental right to marry in India.
Further, the court stated that it was unanimously been held that the Supreme Court could not legislate upon the queer marriages as the same would violate the doctrine of separation of power and it would also amount to entering the domain of the legislature. Therefore, all the judges on the bench in the matter had agreed that the Union of India, as per its earlier statement, shall constitute a committee in order to examine the rights and entitlements of persons in queer union, without legal recognition of their relationship as a ‘marriage’.
It has also unanimously been held by the Supreme Court that the queer couples have a right to cohabit without any threat of violence, coercion of interference; but it refrained from passing any directions to formally recognize such relationships as marriages. The court observed that it has unanimously had held by all the five judges as the that transgender persons in heterosexual relationships had the right to marry under existing laws including personal laws which regulate their marriage.
The Supreme Court in the majority decision denied queer couples the right to adopt children. The bench of CJI DY Chandrachud and Justice SK Kaul were in the minority, whereas Justice Bhat, Justice Kohli, and Justice Narasimha were in the majority. The present review petition has been filed by Udit Sood, who being one of the petitioners in the matter.
