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Wednesday, Feb 28, 2024

Same-sex marriage highlights: Day-3 hearing concludes, petitioners to wrap up by Monday

Same-sex marriage SC hearing highlights: The top court heard arguments on day 3 on pleas seeking marriage equality.
Members of LGBTQ+ community take part in 17th Kolkata Rainbow Pride Walk, in Kolkata.
Members of LGBTQ+ community take part in 17th Kolkata Rainbow Pride Walk, in Kolkata.

Same-sex marriage SC hearing highlights: The Supreme Court on Thursday entered into day 3 of its hearing on a bunch of at least 15 petitions regarding the demand for marriage equality in India. Wednesday's hearing began with Centre's affidavit to the Supreme Court seeking to admit all the states as parties in the matter, stating that the case requires an assessment of state rules, and customs of different sections of society. ...Read More

Centre has raised preliminary objection to the hearing and said the parliament is the only constitutionally permissible forum to decide on creation of a new social relationship. 

Meanwhile, senior lawyer Mukul Rohatgi,appearing for the petitioners, stated the affidavit “irrelevant”. Rohatgi, defending the rights of the LGBTQIA+ community, argued that the State's recognition of union of homosexual couple will reduce the stigma around homosexuality and gave references of several case laws where marriage equality was upheld in other countries.

Follow all the updates here:
Apr 20, 2023 5:46 PM IST

‘There is nothing absolute…’: CJI Chandrachud on heterosexual couples raising kids

“What happens when there is a heterosexual couple when there is domestic violence..what kind of impact on children.. so much for being heterosexual.. what about father coming back home drunk thrashing up the mother and asking money for alcohol? there is nothing absolute... at the cost of being trolled.. answers to what we say in court is in trolls and not in court,” said CJI as reported by Bar and Bench. 

Apr 20, 2023 4:29 PM IST

Day-3 hearing concludes, petitioners to wrap up by Monday

CJI Chandrachud read out the names of lawyers to argue next - Geeta Luthra, Anand Grover, Jayna Kothari, Anitha Shenoy, Menaka Guruswamy, Saurabh Kirpal, Vrinda Grover, Karuna Nundy, Arundhati Katju, Raghav Awasthi, Shivam Singh, Namit Saxena and Manu Srinath. 

CJI said that the arguments from the petitioners' side will be closed on Monday in any case and asked the lawyers to discuss among themselves on dividing the time. 

Apr 20, 2023 4:00 PM IST

‘Arguments against trans marriage rights similar to those prohibiting inter-racial union in US’

Advocate Vishwanathan cited US courts judgments which upheld miscegenation laws which prohibited inter-racial marriages. Read out passages to argue that the argument against same-sex marriages are similar to those arguments against inter-racial marriages, reported Live Law. 

Apr 20, 2023 3:40 PM IST

‘Increasingly, couples are either childless or single child couples’: CJI Chandrachud

Just in the case of heterosexual couples now with the spread of education, the pressures of the modern age, increasingly, couples are either childless or single child couples. Even popular countries like China are losing on demographic dividends. Young, highly educated don't want to have children - that's a matter of choice: CJI DY Chandrachud, reported Live Law. 

Apr 20, 2023 3:31 PM IST

‘LGBTQ couples are as much qualified for raising children as heterosexual couples’ 

All these studies and evidence show that homosexual couples are as well suited as heterosexual couples to bring up children, said advocate Ramachandran. 

Apr 20, 2023 3:28 PM IST

‘People who are beyond age of reproductive capacity are allowed to marry but…’: Adv Vishwanathan

“Even today people who are beyond age of reproductive capacity- women above 45 who may medically be unsafe for pregnancy are allowed to marry. Heterosexuals who have decided to not procreate can marry. They're saying that all other relationships are fine. You're almost equal, but separate,” said advocate Vishwanathan as reported by Live Law.  

Apr 20, 2023 3:07 PM IST

‘One can not be asked to exercise a fundamental right at a future date’

If my fundamental right to marry is read into 21, I can't be asked to give notice of the exercise of my fundamental right at a future date, said advocate Ramachandran. 

Apr 20, 2023 2:55 PM IST

‘Health and happiness of homo sexual couples depend on fulfilling union with the person of choice’ 

"If I am gay or lesbian or any other category, then my health and happiness depend on a fulfilling union with a person of my choice," said advocate Ramachandran. 

Apr 20, 2023 2:46 PM IST

‘Right to heath includes right to have medical decisions taken by the person one loves’ 

My right to health under Article 21 includes my right to have appropriate medical decisions taken for me by the person whom I love: Adv Ramachandran, reported Live Law. 

Apr 20, 2023 2:40 PM IST

LGBTQ couples do not have enlightened parents, understanding families, argues adv Ramachandran

Such ( LGBTQ+) couples do not have enlightened parents. They don't have understanding families. The two petitioners had to move the Delhi HC for protection orders: Advocate Ramachandran. 

Apr 20, 2023 2:31 PM IST

Advocate Raju Ramachandran quotes Justice Vivian Bose

Way back in 1956, the iconic Justice Vivian Bose said - "The constitution also exists for the common man, for the poor and the humble, for those who have businesses, for the butcher, the baker & the candlemaker.": Senior Advocate Raju Ramachandran, reported Live Law. 

Apr 20, 2023 1:56 PM IST

'If you go back to Indian texts…': Petitioners to Supreme Court

“This Victorian morality issue came in the 1800s. If you go back to Indian texts, for hundreds of years these (non-heterosexual sexual) acts were depicted on walls for thousands of years…,” petitioners argued in court on the second day of hearing. Read here.

Apr 20, 2023 1:43 PM IST

Countries where same-sex marriage is recognised

As the Supreme Court Tuesday begins hearing a batch of petitions on legalising same-sex marriages, we look at a list of nations where marriage equality exists.

Apr 20, 2023 1:16 PM IST

What is hearing on pleas seeking validity of same-sex marriage about? 5 points

Chief Justice DY Chandrachud -led bench continues to hear a batch of petitions seeking legal recognition of same-sex marriages in India. Read here about it.

Apr 20, 2023 1:03 PM IST

Hearing to resume after lunch break

The hearing on pleas seeking validity of same-sex marriages will resume after lunch break, around 2 pm.

Apr 20, 2023 12:53 PM IST

SC says Karnataka HC judgment held marital rape as crime

Justice Kohli: Karnataka HC judgment stated it (marital rape) is a crime. What is the case about? Read here.

Apr 20, 2023 12:41 PM IST

Court discusses marriage age disparity concern in Special Marriage Act

On the third day of SC hearing on petitions seeking the legalisation of same-sex marriage, the court discussed which partner would be aged 18 years and who would be 21 years old as per the provisions of the Special Marriage Act.

Apr 20, 2023 12:38 PM IST

Taiwan first Asian nation to recognise marriage equality

Taiwan became the first Asian nation to legalise gay marriage in 2019 despite staunch conservative opposition. Read more.

Apr 20, 2023 12:33 PM IST

Same-sex an innate feature, can't call it elitist or urban: SC

Disapproving of the Union government’s stand that the demand for legal validation of same-sex marriage is an “urban elitist concept”, the Supreme Court on Wednesday said that an innate characteristic of a person cannot be called “elitist”.

Apr 20, 2023 12:26 PM IST

CJI: 'Homosexual relations not just physical but emotional, stable'

CJI Chandrachud: "By decriminalizing homosexuality, we acknowledge that homosexual relationships are not just as physical relations but something more of a stable, emotional relationship.”

Apr 20, 2023 12:16 PM IST

CJI Chandrachud: ‘By decriminalizing homosexuality, we have not just…’

CJI Chandrachud: "By decriminalizing homosexuality, we have not just recognised treating relationships between consenting adults of the same gender but we have also recognised that people who are of same sex would even be in stable relationships...a marriage like relationship"

Apr 20, 2023 12:02 PM IST

Dr Singhvi: ‘Parliament intention not the touchstone…’ 

Dr Singhvi citing an interpretation of the law from a case, argued that the parliament's intention about enacting a legislation cannot restrain the court. Singhvi's argument was the answer to Centre's objection that the Supreme Court cannot hear the case since only the parliament is constitutionally permissible body to decide on creation of a new social relationship.

Apr 20, 2023 11:46 AM IST

SC likely to hear case on four days next week

The Supreme Court is likely to hear the case on four days next week too, starting Monday.

Apr 20, 2023 11:40 AM IST

Petitioners seek time till Monday

The petitioners requested the CJI-led bench to allow them to present arguments till Monday.

Apr 20, 2023 11:31 AM IST

Senior advocate Dr Singhvi and adv KV Vishwanathan to present argument today

Senior advocate Dr Singhvi and senior advocate KV Vishwanathan, appearing for the petitioners, will present their arguments today. “We've given three days to one side. This is good enough...won't expand the ambit now,” CJI Chandrachud said Thursday as the day 3 hearing commenced.

Apr 20, 2023 11:26 AM IST

Constitution bench begins day 3 hearing

The day 3 hearing of the CJI-led constitution bench has begun.

Apr 20, 2023 11:15 AM IST

Advocate Singhvi on day 2 of hearing: 'State, non-state actors, both threaten core values of equality…'

“It's just not the State which threatens the core values of equality, liberty, fraternity but also non-state actors which are invasive of these core constitutional values," said advocate Singhvi on day 2 of SC hearing on pleas seeking marriage equality.

Apr 20, 2023 11:06 AM IST

What is the Navtej Johar v the Union of India verdict?

Senior advocate Singhvi on Wednesday contended that the decriminalisation verdict was momentous but it still remains in a real sense- little done, vast undone.” Read about the Navtej Johar v. the Union of India verdict.

Apr 20, 2023 10:52 AM IST

What is article 142, repeatedly stressed upon by petitioners?

Under the article 142 of the Constitution, the Supreme Court has the power to pass any order necessary for doing complete justice.

Apr 20, 2023 10:35 AM IST

What does LGBTQIA+ stands for?

The LGBTQIA+ community includes the people who who have a sexual orientation or gender identity that is different from the traditional heterosexual and cisgender norms. The umbrella term is an initialism for lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual.

Apr 20, 2023 10:29 AM IST

First country to adopt marriage equality?

Netherlands became the first country in the world to adopt marriage equality in 2001.

Apr 20, 2023 9:45 AM IST

List of countries where same-sex marriage is legal

A five-judge Supreme Court bench Tuesday, began hearing a batch of petitions regarding the legalisation of same-sex marriages in India.  Meanwhile, the union is already legal in 34 nations across the world. Check list.

Apr 20, 2023 9:31 AM IST

Centre seeks views of states on same-sex marriage amid Supreme Court hearing

On Wednesday, the Centre filed a fresh affidavit in the same-sex marriage case before the Supreme Court seeking the views of the states and the Union Territories on the issue -- as a party to the case.

Apr 20, 2023 9:03 AM IST

Varun Grover says child of same-sex couple won't be product of loveless marriage: 'They will be raised with empathy…'

Lyricist Varun Grover has reacted to the Supreme Court's hearing of pleas to legalise marriage for same-sex and alternative-sexuality couples. The Supreme Court on Wednesday commenced its hearing on 15 petitions regarding the legalisation of same-sex marriages.

Apr 20, 2023 8:48 AM IST

Same-sex marriage hearing: Apurva Asrani watches court proceeding with partner: ‘Just two consenting adults…’

Apurva Asrani is among many Indian who are keeping a close eye on the ongoing hearing on the validation of same-sex marriage. It'll continue on Thursday.

Apr 20, 2023 8:33 AM IST

'If you go back to Indian texts…': Gay marriage petitioners to Supreme Court

The second day of the Supreme Court hearing of pleas to legalise marriage for same-sex and alternative sexuality couples - which the government opposes - began Wednesday with a reference to the oft-repeated rant against LGBTQIA+ relationships - they are 'against the order of nature'.

Apr 20, 2023 7:43 AM IST

Highlights from day 2 hearing in SC on marriage equality

Read the highlights of the arguments given on day 2 of the hearing in pleas seeking marriage equality here.

Apr 20, 2023 7:01 AM IST

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes

The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”. A five-judge Constitution bench led by Chief Justice D Y Chandrachud has been constituted to oversee the proceedings. 

Apr 20, 2023 6:21 AM IST

Why is India discussing same-sex marriage? 5 points

The Supreme Court's five-judge bench headed by Chief Justice DY Chandrachud on Wednesday continued hearing a batch of petitions seeking legal recognition of same-sex marriages in India. Read more.

Apr 20, 2023 11:26 AM IST

Constitution bench begins day 3 hearing

The day 3 hearing of the CJI-led constitution bench has begun.

Apr 20, 2023 11:15 AM IST

Advocate Singhvi on day 2 of hearing: 'State, non-state actors, both threaten core values of equality…'

“It's just not the State which threatens the core values of equality, liberty, fraternity but also non-state actors which are invasive of these core constitutional values," said advocate Singhvi on day 2 of SC hearing on pleas seeking marriage equality.

Apr 20, 2023 11:06 AM IST

What is the Navtej Johar v the Union of India verdict?

Senior advocate Singhvi on Wednesday contended that the decriminalisation verdict was momentous but it still remains in a real sense- little done, vast undone.” Read about the Navtej Johar v. the Union of India verdict.

Apr 20, 2023 10:52 AM IST

What is article 142, repeatedly stressed upon by petitioners?

Under the article 142 of the Constitution, the Supreme Court has the power to pass any order necessary for doing complete justice.

Apr 20, 2023 10:35 AM IST

What does LGBTQIA+ stands for?

The LGBTQIA+ community includes the people who who have a sexual orientation or gender identity that is different from the traditional heterosexual and cisgender norms. The umbrella term is an initialism for lesbian, gay, bisexual, transgender, queer, questioning, intersex and asexual.

Apr 20, 2023 10:29 AM IST

First country to adopt marriage equality?

Netherlands became the first country in the world to adopt marriage equality in 2001.

Apr 20, 2023 9:45 AM IST

List of countries where same-sex marriage is legal

A five-judge Supreme Court bench Tuesday, began hearing a batch of petitions regarding the legalisation of same-sex marriages in India.  Meanwhile, the union is already legal in 34 nations across the world. Check list.

Apr 20, 2023 9:31 AM IST

Centre seeks views of states on same-sex marriage amid Supreme Court hearing

On Wednesday, the Centre filed a fresh affidavit in the same-sex marriage case before the Supreme Court seeking the views of the states and the Union Territories on the issue -- as a party to the case.

Apr 20, 2023 9:03 AM IST

Varun Grover says child of same-sex couple won't be product of loveless marriage: 'They will be raised with empathy…'

Lyricist Varun Grover has reacted to the Supreme Court's hearing of pleas to legalise marriage for same-sex and alternative-sexuality couples. The Supreme Court on Wednesday commenced its hearing on 15 petitions regarding the legalisation of same-sex marriages.

Apr 20, 2023 8:48 AM IST

Same-sex marriage hearing: Apurva Asrani watches court proceeding with partner: ‘Just two consenting adults…’

Apurva Asrani is among many Indian who are keeping a close eye on the ongoing hearing on the validation of same-sex marriage. It'll continue on Thursday.

Apr 20, 2023 8:33 AM IST

'If you go back to Indian texts…': Gay marriage petitioners to Supreme Court

The second day of the Supreme Court hearing of pleas to legalise marriage for same-sex and alternative sexuality couples - which the government opposes - began Wednesday with a reference to the oft-repeated rant against LGBTQIA+ relationships - they are 'against the order of nature'.

Apr 20, 2023 7:43 AM IST

Highlights from day 2 hearing in SC on marriage equality

Read the highlights of the arguments given on day 2 of the hearing in pleas seeking marriage equality here.

Apr 20, 2023 7:01 AM IST

'When the Hindu Code came...': Petitioners on Day 2 of same-sex marriage hearing in Supreme Court | Top 5 quotes

The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”. A five-judge Constitution bench led by Chief Justice D Y Chandrachud has been constituted to oversee the proceedings. 

Apr 20, 2023 6:21 AM IST

Why is India discussing same-sex marriage? 5 points

The Supreme Court's five-judge bench headed by Chief Justice DY Chandrachud on Wednesday continued hearing a batch of petitions seeking legal recognition of same-sex marriages in India. Read more.