Same-sex marriage: Plea in Supreme Court seeks review of October 17 verdict

A petition has been filed with the Supreme Court requesting a review of its October 17 verdict which denied legal recognition to samesex marriage stated a report by PTI The petitioner Udit Sood asserts that the majority judgment recognized discrimination against queer couples but failed to address it adequately the report further addedAccording to the PTI report the review plea has been submitted to the top court registry It argues that the previous judgment contains apparent errors and is selfcontradictory and unjustThe majority judgment led by retired Justice S Ravindra Bhat acknowledges that the respondents the Centre and others were violating the fundamental rights of the petitioners through discrimination but did not take sufficient action to rectify thisThe Petitioners respectfully submit that this Court ought to review and correct its decision because the impugned judgment suffers from errors apparent on the face of the record and is selfcontradictory and manifestly unjust the report cited the pleaThe review petition criticises the majority view of Justices Bhat Hima Kohli and PS Narasimha contending that it limits the courts jurisdiction and the ability to end discrimination the report statedThe plea points out an abdication of duty entrusted to the court by the Constitution as well as a lack of alignment with the Constitutions principles The review is also prompted by the majority judgments declaration that the Constitution of India does not guarantee fundamental rights to marry form a family or establish a civil unionWith respect the majority judgment neuters this Courts jurisdiction holding that while recognition of discrimination and violation of the petitioners fundamental rights is this courts obligation falling within its remit separation of powers prohibits this court from enjoining the discrimination or otherwise protecting those fundamental rights the plea saidThe review plea underscored the role of the court in upholding fundamental rights and highlights the need to review and correct the previous judgment to ensure the protection of these rights for queer IndiansThe majority judgment warrants review because it summarily disregards the foregoing authority to make the chilling declaration that the Constitution of India guarantees no fundamental right to marry found a family or form a civil union Assailing Justice Bhats view the plea said the majority judgment is also selfcontradictory in its understanding of marriage It acknowledges that the Special Marriage Act 1954 SMA confers the status of marriage observing that the Act in fact created social status or facilitated the status of individuals in private fields and that the Parliament has intervened and facilitated the creation of social status marriage through SMA the plea saidThe plea also stated referring to a 1963 verdict Our constitution primarily tasks this courtnot the respondents Centre and others with upholding fundamental rights This Court has no more important function than to preserve the inviolable fundamental rights of the peopleThe previous verdict by a fivejudge constitution bench on October 17 refused to grant legal recognition to samesex marriage under the Special Marriage Act leaving it to Parliaments discretion to change the law to validate such unions However it also included directions to prevent discrimination based on gender identity or sexual orientation