SC will hear the decision on gay marriage again, court ready to consider review petitions

A petition seeking review of its October 17 verdict denying legal recognition to gay marriages was presented before the Supreme Court for hearing in open court on Thursday.

A bench led by Chief Justice DY Chandrachud took note of the arguments of senior advocate Mukul Rohatgi, appearing for one of the petitioners, and said the court is open to the review petition to redress the grievances of those seeking recognition of same-sex marriage. I need a hearing.

The Supreme Court will hear on November 28 the review petition against the apex court's decision denying marriage equality rights to gay couples. The petitioner wants a hearing in open court. The court says that it will consider the petitioner's plea seeking a hearing of the review petition in open court.

The bench also included Justice JB Pardiwala and Justice Manoj Mishra.

CJI said I have not examined the (review) petition. Let me circulate this (among the judges of that Constitution Bench).

Rohatgi said that all the judges of the Constitution bench were of the view that there is some kind of discrimination against homosexual persons and hence they also need relief.

As per the apex court registry, the review petition was listed for consideration on November 28, he said.

In the first week of November, a petitioner had moved the apex court seeking review of the October 17 verdict.

The Constitution bench headed by the CJI had given four separate judgments on 21 petitions seeking legal approval for gay marriages.

All five judges were unanimous in refusing to grant legal support to same-sex marriages under the Special Marriage Act and said it was within the scope of Parliament to change the law to validate such relationships.

However, the top court held by a 3:2 majority that same-sex couples do not have the right to adopt.