TNPSC Thervupettagam

Review Petition on Same-Sex Marriage

January 18 , 2025 8 hrs 0 min 22 0
  • Supreme Court rejected a petition seeking a review of an October 2023 judgment (Supriyo v. Union of India) which refused to legalise same-sex marriage.
  • Earlier the Supreme Court in a majority view held that homosexual couples cannot claim an unqualified right to marry.
  • The court leaving it to Parliament to legislate on the subject.
  • It also ruled that the Constitution does not recognise marriage as a fundamental right.
  • But all the five judges on the Bench agreed that the Special Marriage Act of 1954 was not unconstitutional for excluding same-sex marriages.
  • The Special Marriage Act of 1954 only provides a civil form of marriage for couples who cannot marry under their personal law.

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