CJI to consider requests for open court hearing of same-sex marriage verdict review

Chief Justice Chandrachud considers oral requests to hear Constitution Bench review of same-sex marriage legality in open court.

Chief Justice of India D.Y. Chandrachud agreed on July 9 to consider oral requests by lawyers to hear the Constitution Bench review of its majority judgment refusing to legalise same sex marriage in open court on July 10.

Lawyers including senior advocates like senior advocates Mukul Rohatgi, Neeraj Kishan Kaul, Menaka Guruswamy, advocates Karuna Nundy and Arundhati Katju urged the Chief Justice, during oral mentioning hour, to have the review hearing in the open courtroom rather than in the privacy of their chambers via circulation as is usually done.

Mr. Kauk said the request was made considering the public interest involved in the issue.

Justices S.K. Kaul and S. Ravindra Bhat, two of the judges on the original Constitution Bench which pronounced the judgment in October last year, have since retired. Justices Sanjiv Khanna and B.V. Nagarathna would replace them on the Constitution Bench reviewing the verdict.

Justice Bhat had headed the majority opinion. Justice Kaul was part of the minority on the Bench along with Chief Justice Chandrachud.

The review petitions argued the apex court verdict compelled queer couples, who wish for the joys of a real family, to remain in the closet and lead dishonest lives.

The judgment had acknowledged that queer partners suffer from the indignity of discrimination in their everyday lives, but denied them any judicial relief, choosing to leave the community at the mercy of government policy and legislative wisdom.