Supreme Court on Same Sex Marriage: The Supreme Court will consider the review petitions filed regarding the legal recognition of gay marriage on Thursday, January 9. A bench of 5 judges will decide whether there is a legal need for a re-hearing of the case or not. In its decision given on 17 October 2023, the Supreme Court had refused to give legal recognition to gay marriage. A demand has been made to reconsider this decision from the Supreme Court.
A bench of 5 judges headed by Supreme Court Justice BR Gavai will first consider these petitions in a closed chamber as per the rules set for review petitions. If the judges feel that there is a legal flaw in the earlier decision or that some important questions have not been answered in that decision, then only they will direct to put it up for hearing in the open court. If the judges do not find the need for re-hearing, they will dismiss the review petitions.
The four judges included in the bench along with Justice Gavai
Between 1.55 and 2 pm, the five judges will sit together and decide on the future of these review petitions. The names of the four judges who are included in the bench along with Justice Gavai are Justice Surya Kant, BV Nagarathna, PS Narasimha and Dipankar Dutta. Of these, Justice Narasimha is the only judge who was a member of the 5-judge bench that will give the verdict in 2023. The remaining 4 member judges of that bench have now retired.
Court said- gay couples cannot adopt a child
In the decision on which 13 petitions have been filed demanding reconsideration, it was said that marriage is not a fundamental right. Homosexuals also have the right to choose their partner and live with him, but the government cannot be ordered to give their relationship the status of marriage or to give legal recognition in any other way. If the government wishes, it can form a committee to consider the concerns of such couples. The court had accepted that this subject falls within the jurisdiction of the government and the MP. The court had also made it clear that gay couples cannot adopt a child.
What did the court say to the government?
However, the court had told the government that if it wants, it can consider giving some legal rights to such couples and can form a committee for this. The rights that the government committee can consider include – opening a bank account together, making your partner a nominee in the bank account, giving rights to your partner in facilities like pension or gratuity, taking decisions about your partner in times of medical need. Things like giving the right to take are included.
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