A five judge bench comprising Chief Justice of India DY Chandrachud and Justices Sanjiv Khanna, Hima Kohli, BV Nagarathna and PS Narasimha on Wednesday, July 10, are scheduled to consider in-chambers the batch of pleas seeking review of its last year’s judgment declining legal recognition to same-sex marriage. On Tuesday, the Supreme Court refused to allow open court hearing of the pleas.
In a setback to gay rights activists, a five-judge constitution bench headed by Justice Chandrachud had on October 17 last year refused to accord legal backing to same-sex marriage, saying there was “no unqualified right” to marriage with the exception of those that are recognised by law.
The Supreme Court, however, had made a strong pitch for the rights of queer people so they don’t face discrimination in accessing goods and services that are available to others, safe houses known as ‘Garima Greh’ in all districts to provide shelter to members of the community facing harassment and violence and dedicated hotline numbers which they could use in case of trouble.
On Tuesday, senior advocates Abhishek Singhvi and NK Kaul mentioned the matter and urged the CJI to hear the review petitions in an open court. “I say that if these petitions can be heard in the open court…,” Kaul asked the court.These are the Constitution bench review matters which are listed in chambers, Justice Chandrachud told him. As per the practice, the review pleas are considered in chambers by judges.
