SC Declines to Revisit Same-Sex Marriage Verdict: Review Plea Dismissed in Supriyo v. Union of India
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- 24 Jun 2025 --
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The Supreme Court of India has formally dismissed the review petition filed against its October 2023 verdict in Supriyo v. Union of India, where the Court had refused to legalize same-sex marriages. In a brief but firm order, a five-judge bench headed by Chief Justice D.Y. Chandrachud concluded that no grounds existed to reopen the decision.
This marks the end of the judicial route — for now — for petitioners seeking marriage equality through the courts. The focus now shifts to the legislative and public policy domain, where the matter will likely continue to evolve.
Background: What Was the Supriyo Verdict About?
In October 2023, the Supreme Court heard a series of petitions filed by LGBTQIA+ couples and activists seeking legal recognition of same-sex marriages under Indian civil marriage laws.
The petitioners had argued that the Special Marriage Act, 1954, should be read in a gender-neutral manner to include same-sex couples, in line with constitutional values of equality, dignity, and privacy. They relied on landmark rulings like:
- Navtej Singh Johar v. Union of India (2018) – which decriminalized homosexuality.
- KS Puttaswamy v. Union of India (2017) – which recognized the fundamental right to privacy, including sexual autonomy.
What the Supreme Court Said in October 2023
The bench was divided, but the majority (3:2) held that:
- There is no fundamental right to marry under the Constitution, and courts cannot create such a right in the absence of legislation.
- The power to make laws about marriage lies with Parliament, not the judiciary.
- The Special Marriage Act, 1954, as it stands, applies only to heterosexual couples.
- LGBTQIA+ persons are entitled to equal protection, dignity, and non-discrimination, but marriage equality must be achieved through democratic processes, not judicial reinterpretation alone.
Chief Justice Chandrachud and Justice Bhat dissented in part, suggesting a more inclusive reading of the law — but they were in the minority.
What Happened Now: The Review Petition Dismissed
Following the verdict, petitioners sought a review — a legal route that allows the Court to revisit a ruling if there's a clear error on the face of the record.
Button 18 June 2025, the Supreme Court dismissed the review petition in chambers, without granting an open-court hearing. The order stated that no apparent error or miscarriage of justice had occurred.
Key Takeaways from the Review Dismissal
- Final Word from the Court: The Supreme Court has effectively closed the chapter on judicial intervention for same-sex marriage — at least for now.
- Limited Scope of Review: The Court reaffirmed that a review is not a rehearing of the case, but only corrects glaring legal errors — which it did not find here.
- Constitutional Boundaries Maintained: The ruling emphasizes the separation of powers — the judiciary cannot make or rewrite marriage laws.
- Rights Affirmed, Recognition Denied: While the Court recognized the dignity of LGBTQIA+ individuals, it stopped short of granting legal recognition to their unions.
Legal Provisions and Articles Referenced
- Article 14 (Right to Equality) – invoked by petitioners claiming discriminatory exclusion from marriage laws.
- Article 15 (Non-discrimination) – to argue against exclusion based on sexual orientation.
- Article 21 (Right to Life and Personal Liberty) – especially the right to privacy, family, and dignity.
- Article 32 – under which the original petitions were filed seeking constitutional remedies.
- Order XLVII of the Supreme Court Rules – governs review petitions.
What’s Next for Marriage Equality in India?
With the review dismissed, the path forward likely lies with Parliament and civil society advocacy. Legal recognition of same-sex marriage may still happen — but it will now require:
- A political and legislative push,
- Continued public discourse and awareness,
- Policy reforms to at least ensure civil rights like inheritance, adoption, and health insurance for same-sex couples.
Conclusion
The Supreme Court’s dismissal of the review plea in Supriyo v. Union is not unexpected, given the narrow scope of review jurisdiction. But it’s still a significant moment — a reminder of both the progress made and the distance yet to cover in the fight for equal rights.
Marriage equality may not be legally recognized today, but the legal, moral, and social conversation around it is far from over. The courtroom doors may be closed for now, but the movement continues — in policy, in parliament, and in the public consciousness.
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