INSUBCONTINENT EXCLUSIVE:
the review petitions, listed for consideration in chambers before a five-judge bench on November 28, must be heard in the open court.Review
petitions are normally taken up in chambers by the judges who have delivered the earlier judgment and without the assistance of lawyers from
If the bench agrees to entertain the petition and considers it necessary to hear arguments on issues which were either not touched upon or
lawyers, past political roles: CJI Chandrachud on Justice Victoria GowriThough the five-judge bench had unanimously rejected the plea that
the court direct the government to grant marriage rights to gay couples, the CJI and Justice S K Kaul had in their minority opinion held
that the right to civil union, adoption, and those ancillary to it must be conferred on queer couples.The majority opinion, authored by
Justice S R Bhat and agreed to by Justices Hima Kohli and P S Narasimha, had rejected even civil union rights for the LGBTQIA+
community.Rohatgi said all five judges agreed that the LGBTQIA+ community faced discrimination in society
is effectuated when there is a remedy available to enforce it
The principle of ubi jus ibi remedium (that is, an infringement of a right has a remedy) which has been applied in the context of civil law
judgment, which came as a heartbreak to the LGBTQIA+ community
This means the bench which would deal with the review petitions on November 28 would have a new judge to chosen by the CJI to fill the
same grounds on which the original writ petitions were filed seeking legal recognition to same-sex marriage.They said the judgment denies
They said though the court recognised the discrimination faced by members of LGBTQIA+ community members in the society, it failed to remedy
appropriate relief on the ground that it is for the state to take measures, is an abdication of its duties under the Constitution
