Tuesday, February 11th, 2025

There is no flaw in the decision… Supreme Court rejected the review petition filed for gay marriage.

New Delhi:The apex court rejected the review petition filed against the Supreme Court’s decision refusing to recognize gay marriage. A bench of five judges led by Supreme Court Justice BR Gavai rejected the review petition filed in this case. The review petition was considered in chamber by all five judges and was rejected. Review petitions are generally not heard in open court.No mistake…and petition dismissed
The Supreme Court, while rejecting the review petition, said that the decision given by the majority in this case has been carefully studied and there is no flaw in that decision. In such a situation the review petition is dismissed. The court said that there is no error in the decision given by the Supreme Court in this case, hence there is no need to interfere in it.

Court’s decision on gay marriage
In its historic decision given on 17 October 2023, the Supreme Court had refused to give legal recognition to gay marriage in India. The bench of five judges of the Supreme Court had given this decision unanimously. Also, the Supreme Court had said with majority that homosexual couples cannot adopt. This decision was given by the bench of Supreme Court Chief Justice DY Chandrachud, Justice SK Kaul, Justice S Ravindra Bhatt, Justice Hima Kohli and Justice PS Narasimha. Also, the five judges had asked the Central Government to form a high power committee and examine and take a decision regarding the civil rights of homosexual couples.

What was in the review petition?
A review petition was filed in the Supreme Court against the Supreme Court’s decision of 17 October 2023 refusing to recognize gay marriage on 1 November 2023. In the petition filed in the Supreme Court, it was said that in the majority decision it has been said that homosexuals are being discriminated against. In this case, a review petition was filed in the Supreme Court on behalf of a petitioner, Udit Sood. In the petition filed in the Supreme Court, it was said that the judgment should be reviewed.

It was also said that there are many contradictions in the decision given on October 17, 2023 and in such a situation there is a need for review. The petitioner had said that his/her fundamental rights are being violated and it has been said in the judgment that discrimination is taking place, in such a situation it is the responsibility of the court to protect the fundamental rights. Under the constitutional system, the court has the responsibility to protect the fundamental rights. The top court rejected the review petition.

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