Supreme Court to Review Marriage Equality Rights for Queer Couples on July 10

The Supreme Court of India will hear a review petition on July 10 regarding its previous decision to deny marriage equality rights to queer couples. The review will be conducted by a five-judge bench led by Chief Justice of India DY Chandrachud, along with Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha.

Previously, the court had delivered a majority judgement on October 17, 2023, rejecting petitions for legal recognition of same-sex and queer marriages under various laws, including the Special Marriage Act, 1954, and the Foreign Marriage Act, 1969. The majority judgement, delivered by Justices SR Bhat, Hima Kohli, and PS Narasimha, stated that there is no fundamental right to marry and that legal recognition of such unions can only be achieved through enacted law.

The petitioners, represented by advocates Karuna Nundy and Ruchira Goel, argue that the majority judgement contains errors of law and results in a grave miscarriage of justice. They seek to extend the existing legal institution of marriage to queer couples and challenge the constitutionality of certain adoption regulations that treat children of married and unmarried couples differently.

The petitioners emphasize that the current legal framework fails to protect the relationships and families of queer individuals, leading to discrimination. They urge the Supreme Court to reconsider its previous decision and recognize the constitutional rights of non-heterosexual and queer marriages.