Justice Sanjiv Khanna recuses from same-sex marriage verdict review plea hearing in SC

A chamber hearing was scheduled for the consideration of these review petitions.

The new bench was constituted since two judges of the 5-judge bench that delivered the judgment—Justices Sanjay Kishan Kaul and S Ravindra Bhat—retired.

Justices Sanjiv Khanna and BV Nagarathna replaced the retired members of the bench.

The other judges on the bench include Chief Justice of India DY Chandrachud, Justice Hima Kohli, and PS Narasimha.

However, with the recusal of Justice Khanna, a new bench will have to be constituted before the apex court can hear the matter.

On Tuesday, the review petitioners urged the Supreme Court to have an open court hearing of the petition. The CJI, however, said that traditionally, review petitions happen only in chambers.

On Oct 17, 2013, the apex court, which in 2018 decriminalized homosexuality in India nullifying a colonial-era law, refused to give recognition to same-sex marriage but directed the central government to look into the issues of administrative problems faced by homosexual couples.

The verdict while admitting that queer love flourished since ancient times said marriage rights of non-heterosexual couples should be given only through the parliamentary process and not court since the policy-making and law marking are meant for Parliament.

Chief Justice of India DY Chandrachud and Justice SK Kaul recognised the queer people's right to adopt while three other judges- S Ravindra Bhat, PS Narasimha and Hima Kohli- had disagreed.