SC to consider review plea against its same-sex marriage verdict on Nov 28

Senior advocate Mukul Rohatgi contended that the lives of a large number of people depend on it. He also asked the bench to allow open court hearing.

The Supreme Court on Thursday said it would consider on November 28 review petitions against its judgement, which refused to grant legal recognition to same-sex marriages. 

Senior advocate Mukul Rohatgi, for a petitioner, mentioned the matter before a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

He submitted that all the judges (on the Constitution bench which delivered the judgment) agreed that there is discrimination, and if there is discrimination, then there has to be a remedy. 

Rohatgi contended that the lives of a large number of people depend on it. He also asked the bench to allow open court hearing.

As per the Supreme Court Rules, the review petitions are considered in judges' chambers.

The counsel said the matter is listed for consideration on November 28. 

"We will look at it and decide,” the bench said.

One of the petitioners, Udit Sood, sought review of the Supreme Court's October 17 decision by a five-judge Constitution bench that declined to grant legal recognition to the marriage of same-sex couples, contending that the judgment suffered from errors apparent on the face of the record and was self-contradictory and manifestly unjust.

Although the top court had declined to grant legal recognition to the marriage of same-sex couples, it did uphold their right to cohabit without any threat of violence and interference, and also sought to debunk the notion that homosexuality was an urban, elite concept. The judges were split on the issue of civil unions (akin to marriage) and adoption by same-sex couples. In its 3:2 judgment, the bench ruled against both, while noting that marriage laws can't be seen in isolation.