New Delhi, Jan 8 (IANS) A 5-judge Bench of the Supreme Court is set to consider on Thursday the batch of review pleas filed against its October 2023 verdict refusing to grant any legal recognition to same-sex and queer couples.
As per the causelist published on the website of the apex court, a bench of Justices B.R. Gavai, Surya Kant, B.V. Nagarathna, P.S. Narasimha, and Dipankar Datta will decide in chambers the fate of the petitioners demanding marriage equality rights.
Ordinarily, review petitions are tested on very narrow grounds like mistakes of law, errors apparent on the face of the record, etc, and are often dismissed in chambers and are rarely given open court hearings.
The review petition, filed under Article 137 of the Constitution against the decision rendered on October 17, 2023, said that the impugned judgment is “self-contradictory and manifestly unjust”.
The majority judgment is facially erroneous because it finds that the government is violating the petitioners’ fundamental rights through discrimination and yet fails to enjoin the discrimination, it said.
The petitioners demanding marriage equality rights have also demanded that the review pleas should be heard in open court.
In its verdict delivered on October 17, 2023, a 5-judge bench headed by then CJI D.Y. Chandrachud had declined to strike down or read into gender-neutral “person” in place of “male” and “female” existing under the Special Marriage Act and had left it to the legislature to take a call on enacting the marriage equality law.
All five judges of the Constitution Bench had unanimously agreed that there exists no unqualified right to marriage and accepted the Centre’s proposal that a committee to be headed by the Cabinet Secretary will be set up to examine what administrative steps could be taken to address basic social benefit concerns relating to same-sex couples.
However, it had asked the Union and state governments to ensure that the LGBTQ+ community is not discriminated against on the basis of their sexual orientation and queer individuals are not refused access to any goods or services.
In July last year, Justice Sanjiv Khanna (the incumbent CJI) recused himself from hearing the review petitions and suggested circulating the review pleas before an appropriate Bench.
–IANS
pds/vd
Disclaimer
The information contained in this website is for general information purposes only. The information is provided by TodayIndia.news and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of TodayIndia.news We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, TodayIndia.news takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
For any legal details or query please visit original source link given with news or click on Go to Source.
Our translation service aims to offer the most accurate translation possible and we rarely experience any issues with news post. However, as the translation is carried out by third part tool there is a possibility for error to cause the occasional inaccuracy. We therefore require you to accept this disclaimer before confirming any translation news with us.
If you are not willing to accept this disclaimer then we recommend reading news post in its original language.
