Supreme Court agrees to review petitions on same-sex marriage verdict, hearing set for November 28

The Supreme Court has agreed to consider a series of review petitions challenging its October 17 judgment, where, by a 3-2 majority, it denied legal recognition to same-sex couples and refrained from granting constitutional protection to civil unions and adoption rights for the LGBTQ+ community. Scheduled for reconsideration on November 28, the court's decision emphasized that only Parliament and state legislatures could validate marital unions for same-sex couples.

Senior counsel Mukul Rohatgi, representing the petitioners, requested an open court hearing, citing discrimination against LGBTQ+ couples as acknowledged by both the majority and minority views in the earlier judgment.Of the five judges on the original bench, one has retired, necessitating the addition of a new judge for the review petitions. The October 17 ruling, which stirred controversy, held that granting legal status to same-sex marriages violated the doctrine of separation of powers.

The review petitions, filed by Udit Sood, Supriya Chakravarty, and Abhay Dang, challenge the majority's refusal to recognize discrimination faced by the LGBTQ+ community and the lack of protection for their rights. The court's nuanced stance, with justices divided on the extent of court intervention, raises questions about the judiciary's role in addressing issues related to same-sex unions.