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Same-sex marriage: SC to consider review petitions on Oct 17 verdict today

The Supreme Court today will consider petitions seeking review of the October 17 judgement which refused to grant legal recognition to same-sex couples. Lawyers representing the petitioners on 22 November asked the Chief Justice of India for an open court hearing.

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Same-sex marriage: SC to consider review petitions on Oct 17 verdict today
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The Supreme Court today will consider petitions seeking review of the October 17 judgement which refused to grant legal recognition to same-sex couples. Lawyers representing the petitioners on 22 November asked the Chief Justice of India for an open court hearing.

A bench led by Chief Justice D Y Chandrachud took note of the submissions of senior advocate Mukul Rohatgi, appearing for one of the petitioners, that the review plea needed to be heard in open court to redress the grievances of those seeking validation of same-sex marriages. The bench also comprised Justices J B Pardiwala and Manoj Misra.

“I have not examined the (review) petition. Let me circulate it (among judges of that constitution bench),” the CJI said.

All the justices of the bench were of the view that there was some kind of discrimination against queer community and hence they needed relief as well, Rohatgi said.

According to the Supreme Court registry, the review petitions were listed for consideration on November 28 (today), he further said.

The constitution bench headed by the CJI delivered four separate verdicts on a batch of 21 petitions seeking legal sanction for gay marriages.

Notably, all five judges unanimously refused to give legal recognition to same-sex marriages under the Special Marriage Act and observed that it is within Parliament's ambit to change the law for validating such unions.

The Supreme Court by a 3:2 majority, held that queer couples do not have the right to grant legal sanction to same-sex marriage,  and also refused to grant constitutional protection to civil unions and adoption rights for queer couples. 

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