On Thursday, the Supreme Court dismissed multiple petitions seeking a review of its October 17, 2023, verdict that had declined to recognize same-sex marriages in India. The five-judge Constitution Bench, led by Justice BR Gavai, stated that there was no error apparent on the face of the record and that the views expressed in the earlier judgments were in accordance with the law. Consequently, the Court found no need for further intervention.
The judgment referred to the opinions of the majority, which included Justice S Ravindra Bhat and Justice Hima Kohli, as well as the concurring view of Justice Pamidighantam Sri Narasimha. Justice Narasimha had been part of the original bench that rejected the recognition of same-sex marriages, while other members of that bench—CJI DY Chandrachud, Justice SK Kaul, Justice Ravindra Bhat, and Justice Hima Kohli—had all since retired.
Review petitions are typically heard “in chamber,” meaning they are discussed privately by the judges without advocates presenting arguments. However, in exceptional cases, the Court permits open hearings if it deems necessary. In this instance, the Court found no reason to conduct a full open court hearing, dismissing the petitions without such a session.
The dismissal of these review petitions upholds the Court’s previous stance, signaling that the decision not to recognize same-sex marriages remains unchanged. The Court’s verdict and reasoning reflect a significant stance on the issue, which has generated considerable public debate and legal discourse across the country.
