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Same Sex Marriage: SC Rejects Review of Judgment

Last updated on January 11th, 2025 Posted on January 11, 2025 by NEXT IAS Current Affairs Team  27

Syllabus: GS1/Social Empowerment; GS2/Government Policies & Interventions

Context

  • Recently, a five-judge Bench of the Supreme Court rejected petitions seeking a review of a judgment which refused to legalise same-sex marriage in India.

Background

  • The Supreme Court of India, in October 2023, ruled and acknowledged the discrimination faced by same-sex couples & emphasized that such a decision should be made by Parliament, which is better suited to debate and legislate on this complex social issue.

Same-Sex Marriage

  • It is the practice of marriage between two men or between two women. It has been regulated through law, religion, and custom in most countries of the world.
  • India does not recognise registered marriage or civil unions for same-sex couples.
    • Though, same-sex couples can attain equal rights and benefits as a live-in couple as per a Supreme Court of India judgement in 2022 under part of Article 21 (the right to life).
  • Special Marriage Act, 1954: It provides a civil marriage for couples who cannot marry under their personal law.
    • However, the Supreme Court of India (in 2023) ruled that the Special Marriage Act (SMA) of 1954 does not apply to same-sex marriages:
      • The court unanimously agreed that there is no fundamental right to marry.
      • The court ruled that the Special Marriage Act, 1954 cannot be amended to include same-sex marriages.
      • The court ruled that same-sex couples cannot form civil unions or adopt.

Arguments in Favour of Same-Sex Marriage in India

  • Equality and Non-Discrimination: Advocates argue that denying same-sex couples the right to marry is a form of discrimination that violates the principles of equality enshrined in the Indian Constitution.
    • Legal recognition of same-sex marriage would affirm the dignity and rights of LGBTQIA+ individuals.
  • Legal and Social Benefits: Marriage provides numerous legal and social benefits, including inheritance rights, tax benefits, and social security.
    • Recognizing same-sex marriages would ensure that LGBTQIA+ couples have access to these benefits, promoting their well-being and security.
  • Improving Mental Health: Legal recognition of same-sex marriages can improve the mental health of LGBTQIA+ individuals by reducing stigma and promoting social acceptance.
  • International Precedents: Many countries have legalized same-sex marriage, setting a global precedent for equality.
    • India, as a progressive democracy, could align itself with these international standards by recognizing same-sex marriages.
Global Position on Same Sex Marriages
– The Netherlands was the first country in 2001 to legalise same-sex marriage by amending civil marriage law. 
1. According to the Council of Foreign Relations, same sex marriages are legal in at least 30 countries, including the United States, Australia, Canada and France.
– Many countries first recognised same-sex civil unions as the escalatory step to recognise homosexual marriage.
– Most countries in North and South America and Europe have legalised same sex marriage.

Arguments Against Same-Sex Marriage in India

  • Cultural and Religious Beliefs: Opponents argue that same-sex marriage is contrary to traditional Indian cultural and religious values.
    • They believe that marriage should be between a man and a woman, as per the customs and beliefs of many communities.
  • Legislative Domain: The Supreme Court of India has ruled that the legalization of same-sex marriage falls within the legislative domain, not the judiciary.
    • It means that any change in the law should come from Parliament, reflecting the will of the people.
  • Social Readiness: Some argue that Indian society is not yet ready to accept same-sex marriages.
    • They believe that legalizing same-sex marriage could lead to social unrest and backlash from conservative sections of society.
  • Alternative Legal Recognition: Instead of marriage, some suggest that civil unions or domestic partnerships could provide legal recognition and rights to same-sex couples without altering the traditional definition of marriage.
Review Petition in the Supreme Court of India
– It is a legal remedy available to a party who seeks to challenge a judgment or order passed by the Supreme Court.
– It is filed under Article 137 of the Constitution of India, which grants the Supreme Court the power to review its own judgments or orders.
1. This power is however subject to the Rules made by the Supreme Court (under Article 145), as well as the provisions of any law enacted by Parliament.
Grounds for Filing:
1. An error apparent on the face of the record;
2. Discovery of new and important information;
3. Any other sufficient reason.
– Who can file: Anyone aggrieved by a ruling can file a review petition, not just parties to the case.
– Time Limit: Must be filed within 30 days from the date of the judgment or order sought to be reviewed.
– Procedure: Review petitions are always heard by the same Bench that delivered the original judgment.
1. If judges on the original Bench have retired, the Chief Justice will use his/her discretion to replace them.
– Outcome: The Supreme Court may either accept or reject the review petition.
1. If accepted, the court may modify, reverse, or affirm its original judgment or order.

Implications of Dismissal of the Review Petitions

  • It means that same-sex couples in India will continue to lack legal recognition for their relationships. 
  • The court’s decision underscores the need for legislative action to address the rights and recognition of same-sex couples. 
  • Until then, the LGBTQIA+ community remains dependent on the government’s policy and legislative wisdom.

Source: TH

 
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