Ai bot
NEW DELHI: Senior advocates Abhishek Manu Singhvi and N K Kaul, on Tuesday, made an appeal before chief justice of India D Y Chandrachud, for an open court hearing of several petitions requesting a review of the supreme court‘s October 2023 decision refusing to legalize same-sex marriage are scheduled to be heard in chambers on Wednesday.
In response to the senior advocates’ request for an open court hearing in the “public interest,” the CJI said that review petitions are considered in chambers, and a constitution bench will address the merits of the pleas.The decision to hear review petitions in open court is also made by judges in chambers, without the presence of lawyers.
The supreme court will reconsider its previous judgment on same-sex marriage, with two new judges replacing the recently retired Justices SK Kaul and S Ravindra Bhat on the Constitution Bench. Justices Sanjiv Khanna and BV Nagarathna will join the bench to review the verdict.
In its October 17 ruling last year, the apex court said that it did not wish to overstep the boundaries of judicial power and encroach upon the legislative domain of the Parliament.
According to the review petitions, the court’s decision forces queer couples who desire the happiness of a genuine family to remain closeted and live inauthentic lives. The petitions argue that “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.”
The court in last year’s ruling argued that the Parliament is the most suitable forum for debating and passing laws on the issue of granting legal status to same-sex marriage.
In response to the senior advocates’ request for an open court hearing in the “public interest,” the CJI said that review petitions are considered in chambers, and a constitution bench will address the merits of the pleas.The decision to hear review petitions in open court is also made by judges in chambers, without the presence of lawyers.
The supreme court will reconsider its previous judgment on same-sex marriage, with two new judges replacing the recently retired Justices SK Kaul and S Ravindra Bhat on the Constitution Bench. Justices Sanjiv Khanna and BV Nagarathna will join the bench to review the verdict.
In its October 17 ruling last year, the apex court said that it did not wish to overstep the boundaries of judicial power and encroach upon the legislative domain of the Parliament.
According to the review petitions, the court’s decision forces queer couples who desire the happiness of a genuine family to remain closeted and live inauthentic lives. The petitions argue that “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.”
The court in last year’s ruling argued that the Parliament is the most suitable forum for debating and passing laws on the issue of granting legal status to same-sex marriage.
