Hearing on same-sex marriage review pleas put off as SC judge recuses himself from case : The Tribune India

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Hearing on same-sex marriage review pleas put off as SC judge recuses himself from case

Will necessitate reconstitution of a fresh five-judge Constitution Bench by CJI Chandrachud

Hearing on same-sex marriage review pleas put off as SC judge recuses himself from case

Photo for representational purpose only. iStock file photo



Tribune News Service

New Delhi, July 10

The Supreme Court deferred the hearing on petitions seeking review of its October 2023 verdict refusing to recognise same-sex marriages in India as Sanjiv Khanna, one of the judges on the five-judge Bench, on Wednesday recused himself from the case.

Justice Khanna, the senior-most judge of the Supreme Court, was learnt to have cited personal reasons for his recusal, sources said.

Now, Chief Justice of India DY Chandrachud will have to reconstitute the Bench before the review petitions could be taken up for hearing.

Review petitions are generally heard “in chamber” and not in an open court by a procedure called “hearing by circulation” where advocates representing the parties are not allowed to argue. But in exceptional cases, the top court allows open court hearing, if convinced about its need.

On Tuesday, the petitioners had urged CJI Chandrachud to allow an open court hearing on the contentious issue.

A five-judge Bench of CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice S Ravindra Bhat, Justice PS Narasimha and Justice Hima Kohli had on October 17, 2023 unanimously turned down petitions seeking to allow same-sex marriages under the Special Marriage Act, saying it’s for Parliament to effect changes in the law for validating such unions.

Holding that there’s no fundamental right to marry, the Supreme Court had refused to allow same-sex marriages in India.

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