Chief Justice of India D.Y. Chandrachud is contemplating requests to hold an open court review of the Supreme Court’s decision to deny legal recognition to same-sex marriages. Lawyers, including senior advocates Mukul Rohatgi and Menaka Guruswamy, urged the review in public interest, diverging from the typical chamber proceedings for Constitution Bench reviews.
The original October 2022 judgment acknowledged the discrimination faced by queer individuals but deferred the legalization of same-sex marriage to Parliament. With two original judges now retired, Justices Sanjiv Khanna and B.V. Nagarathna will join the review. Petitioners argue the ruling contradicts itself and fails to uphold the fundamental right to marry, advocating for the inclusion of same-sex unions under the Special Marriage Act of 1954. The decision to review the judgment in open court is pending, reflecting the significant public interest in the issue.