A pivotal legal development unfolds as the Supreme Court of India faces a request for an open court hearing of petitions seeking a review of its landmark decision denying legal recognition to same-sex couples. The plea, brought forth by senior advocates, challenges the conventional chamber hearing, emphasizing the national significance and societal impact of the case.
Senior advocates Neeraj Kishan Kaul and Abhishek Manu Singhvi approached Chief Justice of India Dhananjaya Y Chandrachud, urging for an open court review of the October 17 judgment. This judgment, decided by a 3-2 majority, refrained from granting legal sanction to same-sex marriages and constitutional protection to civil unions and adoption rights for queer couples. The petitioners argue that an open court hearing would ensure transparency and thorough deliberation on the issues at hand, which they deem critical for the LGBTQIA+ community. Chief Justice Chandrachud acknowledged the request but underscored the procedural complexities, noting that any decision to shift from the customary chamber review to an open court hearing would require deliberation by the full constitution bench. The bench, which includes justices Sanjiv Khanna, Hima Kohli, BV Nagarathna, and PS Narasimha, is slated to hear the review petitions on July 10, following the retirement of previous bench members.
The upcoming review on July 10 holds significant implications for the LGBTQIA+ community in India, with potential outcomes ranging from upholding the current judgment to revisiting legal recognition and rights for same-sex couples. As the nation awaits the Supreme Court’s decision, the case remains a focal point in the ongoing struggle for equality and recognition of diverse relationships under Indian law.
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