“No Error”: High Court docket Rejects Pleas On Evaluation Of Similar-Intercourse Marriage Verdict
New Delhi:
Noting that there was no “error obvious” and no “interference is warranted”, the Supreme Court docket has dismissed petitions looking for a evaluate of its October 2023 judgment wherein it refused to grant authorized sanction to same-sex marriage.
Having refused an open listening to on the petitions earlier, a bench of Justices BR Gavai, Surya Kant, BV Nagarathna, PS Narasimha and Dipankar Datta thought of the petitions in chambers and mentioned that it had gone by way of the judgments of Justice Ravindra Bhat (talking for himself and Justice Hima Kohli), and Justice PS Narasimha – which constituted the bulk – and located no error in them.
“We’ve fastidiously gone by way of the judgments delivered by Hon’ble Mr. S. Ravindra Bhat (Former Choose) talking for himself and for Hon’ble Ms Justice Hima Kohli (Former Choose) in addition to the concurring opinion expressed by one in every of us (Hon’ble Mr Justice Pamidighantam Sri Narasimha), constituting majority view. We don’t discover any error obvious on the face of the report,” the bench mentioned.
“We additional discover that the view expressed in each the judgments is in accordance with the regulation and, as such, no interference is warranted. Accordingly, the evaluate petitions are dismissed,” it added.
The bench listening to the evaluate petitions was constituted after Justice Sanjiv Khanna, who’s now the Chief Justice of India, recused from listening to them in July 2024.
PS Narasimha is the one member of the unique Structure bench that had delivered the unique verdict – former Chief Justice Of India DY Chandrachud and Justices SK Kaul, Ravindra Bhat and Hima Kohli have retired – who was additionally on the evaluate bench.
Within the October 2023 verdict, the bench had mentioned there was “no unqualified proper” to marriage excluding these recognised by regulation.
It had additionally, nonetheless, pushed for the rights of LGBTQIA++ neighborhood and disagreed with the Centre’s competition, saying that queerness is “neither city nor elitist”.
“Similar-sex relationships have been recognised from antiquity, not only for sexual actions however as relationships for emotional fulfilment. I’ve referred to sure Sufi traditions. I agree with the judgment of the Chief Justice. It’s not res integra for a constitutional court docket to uphold the rights and the court docket has been guided by the constitutional morality and never social morality. These unions are to be recognised as a union to present partnership and love,” Justice Kaul had mentioned.
