📷 Image Credits: Indian Legal News
Justice Sanjiv Khanna of the Supreme Court has recused himself from hearing the review petitions against the Supreme Court’s October 2023 verdict that refused to recognize the right of same-sex couples to enter into marriages or have civil unions. A five-judge bench, led by Chief Justice of India (CJI) DY Chandrachud, had assembled to hear the review petition in chamber at 1:30 pm today. The matter was mentioned on Tuesday by Senior Advocate Neeraj Kishan Kaul before a Bench led by CJI DY Chandrachud, who had requested an open court hearing. However, the Court asserted that Constitution Bench review would have to be in-chambers and slated the matter for hearing at 1:30 pm today.
In November last year, Senior Counsel and former Attorney General Mukul Rohatgi had also made an urgent mentioning seeking an open-court hearing of the review petitions in the marriage equality case. The Constitution Bench had ruled against recognizing same-sex marriages, stating that it is up to parliament to make laws enabling the same. The Court had unanimously held that there is no unqualified right to marriage for same-sex couples and that they cannot claim it as a fundamental right. The Court had also turned down the challenge to provisions of the Special Marriage Act, with a majority of the judges stating that civil unions between same-sex couples are not recognized under the law.
The delay in the decision on the review petitions comes after Justice Khanna’s recusal due to personal reasons. The apex court was scheduled to consider a series of petitions seeking a review of its judgment that refused to grant legal recognition to same-sex couples. This unexpected development has led to the need to reconstitute a fresh five-judge Constitution Bench by Chief Justice D Y Chandrachud. The review process has been temporarily stalled, and the CJI will now have to form a new bench to proceed with the matter.