Senior-most Supreme Court judge Sanjiv Khanna on Wednesday recused himself from considering pleas seeking a review of the apex court's judgment last year declining legal recognition of same-sex marriage. According to sources, Justice Khanna cited personal reasons for his recusal. The recusal of Justice Khanna will necessitate the reconstitution of a fresh five-judge constitution bench by Chief Justice of India D.
Y. Chandrachud. The new bench will also comprise Justices Hima Kohli, B.
V. Nagarathna, and P.S.
Narasimha for considering the review pleas. The top court on Tuesday had refused to allow an open court hearing of pleas seeking a review of its judgment from last year. A five-judge constitution bench headed by CJI Chandrachud had, on October 17 last year, refused to accord legal sanction to same-sex marriage, saying there was "no unqualified right" to marriage except for those recognised by law.
The apex court, however, made a strong pitch for the rights of queer people so they do not face discrimination in accessing goods and services available to others. The court suggested safe houses known as 'Garima Greh' in all districts to provide shelter to members of the community facing harassment and violence and dedicated hotline numbers for use in case of trouble. According to convention, the review pleas are considered in chambers by judges.
In its judgment, the bench held that transgender people in heterosexual relationships have the freedom and entitlement to marry under t.
