Supreme Court defers consideration of review petitions on same-sex marriage verdict

New Delhi: The Supreme Court on Wednesday deferred its consideration of review petitions against October 17, 2023 judgment, which declined to recognise same sex marriage, as Justice Sanjiv Khanna withdrew himself from the matter.

A five-judge bench led by Chief Justice of India D Y Chandrachud was to take up the matter in judges chambers on July 10.

Since Justice Khanna, who was a part of the bench, recused from the matter, a fresh bench would now be constituted by the CJI on administrative side to take up the petitions.

The other judges in the bench were Justices B V Nagarathna, Hima Kohli and P S Narasimha.

Acting on a batch of pleas for recognition of same sex marriage, the Supreme Court's Constitution bench had declined to grant legal recognition to same-sex marriages.

"It is only for the Parliament and state legislatures to create such institutions and grant them legal validation," the court had said.

The court, however, had noted such couples continued to face discrimination and harassment in their daily lives, and had asked the government to act on its proposal to form a high-powered committee to expeditiously look into genuine human concerns faced by them.

In April this year, the Centre has appointed a committee headed by Cabinet Secretary as its chairperson for taking measures by the central and state governments to ensure there is no discrimination in access to goods and services to the queer community and they do not face any threat of violence, harassment or coercion.

During the hearing in the matter last year, Solicitor General Tushar Mehta had assured the court that the government will constitute such a committee chaired by the Cabinet Secretary for the purpose of defining and elucidating the scope of the entitlements of queer couples who are in unions.