SC judge Sanjiv Khanna recuses from considering review pleas on same-sex marriage


Senior-most Supreme Court judge Sanjiv Khanna on Wednesday recused himself from considering pleas seeking review of the apex court’s judgement last year declining legal recognition to same-sex marriage, sources said.

According to the sources, Justice Khanna has cited personal reasons for his recusal.

The recusal of Justice Khanna would necessitate reconstitution of a fresh five-judge constitution bench by Chief Justice D Y Chandrachud for considering the review pleas.

The top court on Tuesday had refused to allow open court hearing of pleas seeking review of its last year’s judgement.

In a setback to gay rights activists, a five-judge constitution bench headed by Chandrachud had on October 17 last year refused to accord legal backing to same-sex marriage, saying there was “no unqualified right” to marriage with the exception of those that are recognised by law.

The apex court, however, had made a strong pitch for the rights of queer people so they don’t face discrimination in accessing goods and services that are available to others, 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 which they could use in case of trouble.

A five-judge bench comprising the CJI and justices Sanjiv Khanna, Hima Kohli, B V Nagarathna and P S Narasimha was scheduled to consider in chambers the pleas seeking review of the judgement.

According to practice, the review pleas are considered in chambers by judges.



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