The Supreme Court of India had recently refused to grant legal recognition to same-sex marriages. Calling the decision ‘facially erroneous', a petition has now been moved before the top court, calling for a review of its judgement.
After recognising the discrimination faced by the queer community and still denying them relief on the ground that it is in the domain of the legislature to take such measures is an abdication of its duties under the Constitution, the petition states.
Noting the court's interpretation of the Special Marriage Act in a manner that prohibits same-sex couples from entering into the union of marriage, the plea contends that it is a clear case of discrimination on the basis of sexual orientation, which violates both Articles 14 and 15 of the Constitution.
Provisions of the Special Marriage Act are manifestly arbitrary as they, for no good reason, exclude the members of the queer community from a whole bouquet of rights that two heterosexual persons are entitled to, as a matter of status.Petition moved before the Supreme Court
Leaving the recognition and implementation of equal rights for the queer community in the hands of legislature, is in effect tantamount to “rejecting their rights altogether”, the petition said.
The Supreme Court, with a 3:2 verdict, refused to grant legal recognition to same-sex marriages on Oct. 17. The court said that granting legal recognition to such marriages is a job that only the legislature can undertake. On adoption rights, the court had said that unmarried queer couples do not have the right to adopt a child.
Separately, the court also recorded the Union government's statement that it will formulate a high-powered committee that will examine the rights and benefits that can be bestowed upon queer couples.
The judgement was pronounced by a bench comprising Chief Justice of India DY Chandrachud and Justices Ravindra Bhat, Sanjay Kishan Kaul, PS Narasimha and Hima Kohli.
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