On January 9, the Supreme Court ruled against the review petitions which challenged its previous decision of not recognizing same-sex marriages.

The petition was taken up by a five bench judge including: BR Gavai, BV Nagarathna, Suryakant, PS Narasimha, and Dipankar Datta. This change occurred when Justice Sanjiv Khanna decided to withdraw from the review petitions which took place last July.

There was an order of the review which said, We do not find any error apparent on the record. We further find that the view expressed in both judgments are in accordance with law and as such no interference is warranted.

The petitioners had sought an open courtroom hearing stating that the issue involved public interest. However, the review pleas were heard in the chamebers.

In 2023, Supreme Court led by the then Chief Justice of India, very disallowingly restated while voting for same-sex marriage, ‘It is a–not legal in India’, while announcing the verdict, 3–2. The top court also declined to allow civil unions for same-sex couples.

According to the judges, there is no way to modify Indian custom law by way of filing a petition for same-sex marriage. The bench also expressed that it does not wish to step into the Executive's business and that the issue would be better resolved by Parliament, as it is there that the legalisation of same sex marriage could be initiated and discussed.

On his part, Justice Chandrachud together with Justice SK Kaul, accepted same sex civil unions, the other judges differed. Cohabitation into Bhat, Kohli and Narasimha, is not legally protected therefore means that such parents cannot adopt children.

A civil union differs from marriage in the sense that it receives the status of ‘civil union’ which in the case of such couples, would have given them certain rights usually enjoyed by married couples.

The petitioners controverted this decision of the Supreme Court through review petitions which were dismissed today by the five judges.