In a significant legal development, the Supreme Court of India has dismissed multiple review petitions challenging its earlier judgment on same-sex marriage. The court’s decision to uphold its ruling affirms its stance on the legal recognition of such unions, maintaining the current legal framework while addressing the societal and legal complexities surrounding the matter.
Background
On October 17, 2024, a five-judge Constitution Bench of the Supreme Court delivered a landmark judgment on same-sex marriage. The bench, led by Chief Justice of India Sanjiv Khanna, declined to grant legal recognition to same-sex marriages but emphasized the need to protect the rights and dignity of LGBTQ+ individuals. The court acknowledged the hardships faced by same-sex couples and urged the government to take measures ensuring their rights and entitlements, particularly in areas like adoption, medical decisions, and inheritance.
Following this verdict, several petitioners sought a review of the decision, arguing that the judgment failed to address the fundamental right to equality and non-discrimination as enshrined in the Constitution.
Supreme Court’s Rationale
The review petitions were examined by the same Constitution Bench, which decided in chambers without an open-court hearing. After careful consideration, the bench dismissed the petitions, stating that no new grounds or substantial errors were identified to warrant a review of the original judgment.
The court reiterated that its judgment struck a balance between constitutional values and societal realities. It acknowledged the need for legislative action to address the concerns of the LGBTQ+ community, emphasizing that judicial intervention alone cannot resolve the broader social and legal challenges.
Implications of the Decision
1. For the LGBTQ+ Community
While the dismissal of the review petitions is a setback for advocates of same-sex marriage, the Supreme Court’s earlier judgment has already laid the groundwork for dialogue and legislative reforms. The ruling reinforces the need for a rights-based approach to address the concerns of LGBTQ+ individuals without necessarily redefining marriage laws.
2. Legislative Action
The court’s consistent emphasis on legislative intervention places the onus on the government to address the lacunae in laws affecting same-sex couples. This could lead to future legal reforms aimed at ensuring equality in areas like civil unions, healthcare, property rights, and family law.
3. Judicial Precedent
The dismissal of the review petitions solidifies the precedent set by the original judgment. It highlights the judiciary’s role in recognizing constitutional values while respecting the domain of the legislature in making laws.
Existing Measures and Challenges
The legal framework in India currently does not recognize same-sex marriages. However, the judiciary has been instrumental in advancing LGBTQ+ rights through landmark rulings like the decriminalization of homosexuality (Navtej Johar case) and recognizing transgender rights. Despite these advancements, same-sex couples face significant challenges due to the lack of legal recognition of their unions.
The Supreme Court’s refusal to grant marriage equality underscores the need for broader societal acceptance and legal reforms to address discrimination and ensure equal rights.
Conclusion
The Supreme Court’s dismissal of the review petitions reaffirms its earlier position on same-sex marriage while emphasizing the importance of legislative action. The decision highlights the ongoing struggle for equality and the need for sustained efforts by the LGBTQ+ community and its allies to achieve legal and social recognition. As the nation continues to grapple with these issues, the court’s judgment serves as both a milestone and a call for further progress in the journey toward inclusivity and equality.