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The Indian Supreme Court's decision to reconstitute a five-judge bench to review its October 2023 verdict on same-sex marriage marks a significant development in the ongoing legal battle for LGBTQIA+ rights in the country. The previous ruling, delivered by a bench headed by then-Chief Justice DY Chandrachud, had rejected petitions seeking legal recognition of same-sex marriages under the Special Marriage Act. The court's reasoning centered on the argument that such changes were the purview of Parliament, not the judiciary. This decision, while denying legal recognition to same-sex unions, did direct the government to form a high-powered committee to address the rights and entitlements of individuals in queer relationships. This committee is charged with investigating and proposing solutions to the complex issues faced by same-sex couples, aiming to alleviate some of the legal and societal challenges they encounter.
The composition of the new bench is crucial. While Justice BR Gavai leads the bench, the inclusion of Justice PS Narasimha, the only judge from the original bench who remains, adds a layer of complexity. His presence suggests the potential for a continuation of the previous stance, while the four other justices – Justice Suryakant, Justice BV Nagarathna, and Justice Dipankar Datta – bring fresh perspectives to the case. The fact that the four judges from the previous bench have since retired underscores the significant shift in the Court's composition, suggesting a possibility of a different outcome. The previous hearing, involving Justice Chandrachud, Justice Khanna, Justice Kohli, Justice Nagarathna, and Justice Narasimha, was adjourned due to Justice Khanna’s recusal; this event alone signals the procedural sensitivities involved in this case.
The review petitions themselves highlight the core arguments presented by the petitioners. They contend that Articles 19 and 21 of the Indian Constitution guarantee the right to marry a person of one's choice, encompassing LGBTQIA+ individuals. They argue that the Special Marriage Act, by its exclusion of same-sex couples, violates their fundamental rights to dignity, decisional autonomy, and life and liberty. However, the previous bench rejected this argument, citing its institutional limitations as a reason why it couldn't amend or interpret the Special Marriage Act to include same-sex unions. The court's stance emphasized the separation of powers, stating that it was not the judiciary’s role to legislate on such matters; rather, it was the responsibility of the Parliament to effect necessary legislative changes.
The upcoming hearing, scheduled for January 9th, will be closely watched, not only in India but also internationally. The outcome will have profound implications for LGBTQIA+ rights in India, influencing social attitudes and potentially leading to significant legal and societal shifts. The court’s decision could either solidify the previous ruling, reinforcing the separation of powers and leaving the matter to legislative action, or it could overturn the previous decision, paving the way for legal recognition of same-sex marriages. This case exemplifies the delicate balance between judicial interpretation of the Constitution and the legislative process of lawmaking. The decision could have a cascading effect on other related legal challenges impacting the LGBTQIA+ community in India, highlighting the importance of this upcoming hearing.
Source: Supreme Court to reconsider same-sex marriage verdict as new 5-judge bench takes up review petitions