SC dismisses review plea seeking same-sex marriage, adoption, surrogacy for LGBTQ

Supreme Court has dismissed a plea seeking review of its order which h rejected a petition seeking various civil rights such as same-sex marri, option and surrogacy for LGBTQ community.

A three-judge bench heed by Justice N V Ramana, in an in-chamber decision on July 11, dismissed review plea filed by Tushar Nayyar which h sought grant of civil rights to members of LGBTQ (lesbian, gay, bisexual, trans, transsexual, queer) community.

This review petition has been filed against order dated October 29, 2018 whereby Writ Petition (of Nayyar) was dismissed.

"We have considered review petition on merits. In our opinion, case for review of order dated October, 29, 2018 is me out. Consequently, review petition is dismissed on merits," bench, which also comprised Justices S Abdul Nazeer and Deepak Gupta said recently.

top court, on October 29, 2018, h dismissed fresh plea of Nayyar on issues pertaining to LGBTQ members saying that a five-judge constitution bench heed by n Chief Justice Dipak Misra h alrey dealt with batch of petitions on homosexuality.

"We are t inclined to entertain this petition after decision of this Court in Navtej Singh Johar v Union of India decided on September 6, 2018," it h said.

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constitution bench, on September 6, 2018, h unanimously held that consensual sex among ult homosexuals or heterosexuals in private is t a crime.

It h also struck down part of a British-era law, section 377 of IPC, that h criminalised consensual unnatural sex on grounds that it violated constitutional right to equality and dignity.

Nayyar h filed fresh plea saying that his petition was t limited to issue of decriminalising consensual gay sex only and h raised host of issues including issue of "n-recognition of same-sex marris" under Special Marris Act, 1954 and denial of option and surrogacy rights to members of LGBTQ community members.

However, plea was dismissed on October 29, 2018 leing to filing of review petition which has been dismissed. review plea h sought civil rights of LGBTQ community as part of basic human rights and said that se rights were t dressed in apex court's judgement on Section 377 of IPC which h criminalised consensual gay sex.

It h sought recognition of ir rights to same-sex marris, option, surrogacy, IVF and directions so that community can serve openly in army, navy and air force.

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LGBTQ rights are t recognised as part of human rights. n Recognition of same-sex marris (Indian Special Marris Act, 1954), availability of  option, surrogacy, IVF (for LGBTQ only) is violative of  Article 14, 15, 19, 21, 29. Discrimination solely on basis of sexual orientation violates Article 14, 15, 21 in relation to Army, Navy, Air force Act.

"Or instances of indirect discrimination are t dressed in Navtej Singh Johar case. People in military are t allowed to serve openly. Heterosexual people end up marrying LGBT people, end up consummating marri with m, which harms heterosexual people most. Gay women have it worst," plea said.

definition of marri for LGBTQ h t been dressed in apex court's judgement of September 6, 2018, it said.

plea said both heterosexuals in an opposite-sex relationship and homosexuals in a same-sex relationship are similarly circumstanced as general nature of relationship is romantic and sexual one, eir at time of marri as in a love marri or is sought or hoped to be as in case of arranged marri.