NEW DELHI: A five-judge bench of the Supreme Court, led by Chief Justice of India D.Y. Chandrachud, will on July 10 hear a batch of petitions seeking a review of the verdict refusing to recognize same-sex marriages. The pleas will be heard in a chamber.
The other four judges on the bench are Justices Sanjiv Khanna, B.V. Nagarathna, Hima Kohli, and P.S. Narasimha.
In the newly constituted bench of the apex court, Justice Khanna and Nagarathna would replace Justices Sanjay Kishan Kaul and S Ravindra Bhat- since they had retired after delivering the verdict in October 17, last year.
Justice Kaul retired on December 25 last year, after serving the apex court for six years and ten months. Justice Bhat, elevated to the Supreme Court on September 23, 2019, retired on October 20 last year, after serving for three years and 28 days.
The review petitions will be heard in a chamber, with no parties—petitioner, respondent, lawyer, or litigant—present.
However, petitioners, if think and deem it to be fit, that they decide that the matter is for an open court hearing, then they can mention it or give their respective representations to the court or respective bench of the top court.
The Supreme Court, in its October 17 judgement last year, declined to grant legal recognition to same-sex marriages.stating that it is the role of Parliament and state legislatures to create and validate such institutions.
"It is only for the Parliament and state legislatures to create such institutions and grant them legal validation. Role of legislature has been to be act as a codifier of customs and wherever necessary intervene in furtherance of Article 14 and 15(3) to enact laws," the apex court had said in its verdict.
The bench was unanimous that it was beyond their purview to direct the legislature to accord legal recognition to same-sex marriage.
The judges also approved a high-powered committee proposed by the Centre to examine the concerns of same-sex couples and suggest corrective measures.