Same-sex marriage hearing Updates: No data to show it is 'elitist concept' - CJI

Same-sex marriage SC hearing updates: The Supreme Court resumed its hearing on validation of same-sex marriages Wednesday.

Same-sex marriage SC hearing LIVE updates: While consensual same sex relationships has been decriminalised in the country, same sex marriages are still not recognised. (HT File photo)

Same-sex marriage SC hearing updates: The Supreme Court on Wednesday commenced its hearing on a bunch of at least 15 petitions regarding the legalisation of same-sex marriages. ...Read More

Follow all the updates here:

• 19 Apr 2023, 04:41:00 PM 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'. Read more

• 19 Apr 2023, 04:04:16 PM IST

  Hearing over for the day

  Day 2 of the hearing comes to an end.  Singhvi to continue submissions tomorrow. 

   

• 19 Apr 2023, 04:01:47 PM IST

  Singhvi: Homosexual couples can have same interdependent sexual relation like heterosexual couples

  Singhvi: A lesbian couple may have children by donor insemination and a gay couple may bring a child of someone else or adopt.. homosexual couples can have same interdependent sexual relation like heterosexual couples.

• 19 Apr 2023, 03:56:13 PM IST

  Singhvi: 'Special Marriage Act was enacted as being agnostic to faith'

  Singhvi highlighted another issue raised by the the Centre that same-sex marriage is against cultural and traditional understanding of marriage. 'Special Marriage Act was enacted as being agnostic to faith,' he says.

• 19 Apr 2023, 03:47:21 PM IST

  Singhvi: Dignity is 'to treat everyone with equal concern and respect'

  Singhvi: The third pillar is dignity. Dignity is "to treat everyone with equal concern and respect" and not to send a message that any individual is worth less because of their ascriptive characteristics.

• 19 Apr 2023, 03:46:16 PM IST

  CJI: More than statutory silence, it is a failure to enact a law

  CJI DY Chandrachud: It is not so much as statutory silence as much as failure to enact a law.

  Singhvi: More than failure to enact, they will not recognise.

• 19 Apr 2023, 03:45:05 PM IST

  Singhvi: 'If they can't do it for heterosexual couples, how is it a reasonable restriction for me'

  Singhvi: If they can't do it for heterosexual couples because your lordships will undoubtedly hold it as an unreasonable restriction, how is it a reasonable restriction for me?

  Singhvi: The silence is being read in the counter and the stand of the government as a restriction.

• 19 Apr 2023, 03:42:03 PM 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. Other members of the bench comprised Justices S K Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli. Read more

• 19 Apr 2023, 03:39:27 PM IST

  Singhvi: The projection of the gender identity, part of free speech, is inhibited

  Singhvi: The right is being questioned on the ground that the rights heterosexuals have, non heterosexual couples do not have.

  The projection of the gender identity, which is a part of free speech, is inhibited by your stand which allows that right unfettered in heterosexual category.

• 19 Apr 2023, 03:38:05 PM IST

  Singhvi: The right to express one's gender identity is being questioned by the State without a law under Article 19(2)

  Singhvi: Third and the last prong is the dignity point under Article 21. This is actually intersection of 14 with 19(1)(a)- the right to express one's gender identity is being questioned by the State without a law under 19(2).

• 19 Apr 2023, 03:36:33 PM IST

  Singhvi: Hypothetically, the very text of Article 19(2) doesn't make it easy to think of a law

  Singhvi: If a law was made, which part of 19(2) can be relatable to when the core values of Constitution your lordships is discussing.

  Hypothetically, the very text of 19(2) doesn't make it easy to think of a law which can be made- it's a hypothetical argument made to show the contrast.

• 19 Apr 2023, 03:34:13 PM IST

  Freedom of expression includes right to express one's gender identity

  Singhvi: Freedom of expression includes the freedom or the right to express one's gender identity in all its manifestations.

• 19 Apr 2023, 03:28:13 PM IST

  Singhvi: Hierarchy, which is a sub classification, not allow under Article 14

  Singhvi: Your lordship is allowing the creation of hierarchy between different conceptions of the family- involving unions between some kinds of persons more equal than others to have unions.

  Hierarchy, which is a sub classification, your lordship will not allow under Article 14.

• 19 Apr 2023, 03:24:16 PM IST

  Singhvi: Text evolves over time, even intent evolves over time

  Singhvi: Text evolves over time, even intent evolves over time. Your lordship is looking not to strike down anything but to make it constitutionally compliant.

• 19 Apr 2023, 03:23:46 PM IST

  Singhvi: It is wrong to think that text of the statute is a limitation

  Singhvi: It is wrong to think that text of the statute is a limitation. It is wrong to think that even intent is a limitation. With evolving dynamics of time and society, the two tests are to make it treaty compliant...

• 19 Apr 2023, 03:23:19 PM IST

  Singhvi: There is another facet of manifestly arbitrariness

  Singhvi: There is another facet of manifestly arbitrariness.. now there is substantive fairness.. now these atypical manifestations of family units are not only deserving of protection of law but also social welfare institutions

• 19 Apr 2023, 03:21:50 PM IST

  CJI: The basis of a classification cannot be conflated with a purpose

  CJI: The basis of a classification cannot be conflated with a purpose..

  Singhvi cites a judgment regarding evening law classes for candidates... societal values cannot trump non discriminatory principles..

• 19 Apr 2023, 03:20:30 PM IST

  Arguments on tax benefits

  Singhvi: I dont marry because i want to get a tax benefit... some people do..

  Justice Kaul: some people get separated to get tax benefits.

  Justice Hima Kohli: i was about to say this..

  CJI: if a couple is in gay or lesbian relationship can still adopt , so the entire argument LGBTQ couple raising will impact children is belied since . either of the gay or lesbian can adopt..just that the child loses the aspect of parenthood.

• 19 Apr 2023, 03:13:27 PM IST

  Singhvi: You can't trump equality principles by reference to societal values.

  Singhvi: You can't trump equality principles by reference to societal values. If I'm here on exclusion, based on discrimination, then assuming- I'm not at all accepting that societal values make it outside, but if they were, they cannot trump non discriminatory principles.

• 19 Apr 2023, 03:07:39 PM IST

  Two stands of the Government on the matter

  Singhvi: Yes! Second, broadly see what the government is saying. Stand one- cultural ethos. Stand two, which I'm very strongly supporting, marriage is a vital institution.

• 19 Apr 2023, 03:05:49 PM IST

  CJI to Singhvi: By reading SMA as agnostic to sexual orientation, you are not making a leap of faith

  CJI DY Chandrachud: So you're saying that the SMA was intended to be agnostic to faith. So by reading it as agnostic to sexual orientation, you are not making a leap of faith.

• 19 Apr 2023, 03:04:44 PM IST

  Singhvi: The SMA is a non religious marriage related legislation

  Singhvi: The SMA is a non religious marriage related legislation. This addresses the point of the respondent which is "cultural understanding of marriage as a union". Cultural understanding of marriage was not the basis of SMA.

• 19 Apr 2023, 03:04:19 PM IST

  Under the Transgender Act, Kinnars, Aravanis, Hijras, Jogtis are recognised as a separate class

  Adv Karuna Nundy: Under the Transgender Act, Kinnars, Aravanis, Hijras, Jogtis are recognised as a separate class.

• 19 Apr 2023, 03:03:00 PM IST

  To say that this is an elitist concern is wrong: Counsel

  Counsel: Similarly, in my petition, @PadmashaliAkkai- she is a well known trans activist. At the age of 15, she was thrown out of her own house. She had to drop out of school, she was on the streets, and thereafter she came back mainstream.

  These are the lives they've led. And to say that this is an elitist concern is wrong.

• 19 Apr 2023, 03:01:16 PM IST

  Sr Adv KV Vishwanathan: ‘My client is transgender, was disowned by the family, begged on the streets…’

  Sr Adv KV Vishwanathan: My client is transgender, was disowned by the family, begged on the streets, and today she is director in KPMG- all by herself. For her to be branded an "urban elitist" shows absolute lack of grace.

• 19 Apr 2023, 03:00:18 PM IST

  No data by the Govt to show it's an elitist concept

  CJI DY Chandrachud: There is no data coming out of the government that this is urban or something.

  Singhvi: One of the points we're making is that every averment in the counter is without a single survey, single data, single test.

• 19 Apr 2023, 02:59:17 PM IST

   CJI Chandrachud on elitist concept

  CJI DY Chandrachud: And when you say that this is an innate characteristic, it's also an argument in response to the contention that this is very elitist or urban or it has a certain class bias. Something which is innate cannot have a class bias.

• 19 Apr 2023, 02:57:48 PM IST

   CJI asks, 'So you're saying, state cannot discriminate against an individual on the basis of a characteristic'

  CJI DY Chandrachud: So you're saying, the state cannot discriminate against an individual on the basis of a characteristic over which a person has no control.

  Singhvi: Exactly!

• 19 Apr 2023, 02:53:40 PM IST

  Sr Advocate Menaka Guruswamy on marriage concept

  Sr Advocate Menaka Guruswamy: How my lords define marriage will address those concerns. So there is no specific RBI guideline. The assumption is that if you're spouses, you can have that joint bank account. Similarly, for insurance.

• 19 Apr 2023, 02:51:45 PM IST

  Justice Bhat: If there is no prohibition in parent enactment, it becomes that much easier

  Justice Bhat: There are certain things which can be done straight away without entering other arenas. If there is no prohibition in parent enactment, it becomes that much easier.

• 19 Apr 2023, 02:48:55 PM IST

  Singhvi argues on group insurance to families

  Singhvi: We're talking about group insurance. I am a family with one, two, and children- you get a family group insurance. There you may not get.

• 19 Apr 2023, 02:47:55 PM IST

   Justice Bhat: I suspect IRDA regulations are open ended

  Singhvi: They will originate from IRDA requirements but they will be in all policies.

  Justice Bhat: But do IRDA regulations use these expressions or are they left loose? I suspect they are open ended.

• 19 Apr 2023, 02:46:56 PM IST

  Justice Bhat: Do we have IRDA regulations/ standard policies which are approved

  Justice Bhat: One question, for instance take insurance, the insurance law per se is a subject to regulation. So do we have IRDA regulations or these are standard policies which are approved.

• 19 Apr 2023, 02:45:49 PM IST

  Singhvi: There is the horizontal set which are daily incidents of harrassment

  Singhvi: Only marriage is required for these, everything else follows- compensation to dependants, appointment of nominees for receipt of post retirement benefits, spousal communication, right to bodily remains and so on.

  Then there is the horizontal set which are daily incidents of harrassment.

• 19 Apr 2023, 02:43:51 PM IST

   Adoption, surrogacy, interstate succession, tax exemption, tax deductions: Singhvi

  Singhvi: Adoption, surrogacy, interstate succession, tax exemption, tax deductions- it simply requires marriage- compassionate government appointments...this is only illustrative, not exhaustive.

• 19 Apr 2023, 02:41:32 PM IST

  It is an integral aspect for the ability to have and enjoy a family life: Singhvi

  Singhvi: Last is, it is an integral aspect for the ability to have and enjoy a family life.

• 19 Apr 2023, 02:40:41 PM IST

  Marital status by itself is a source of dignity, fulfillment, and self respect: Singhvi

  Singhvi: Fifth is that marital status by itself is a source of dignity, fulfillment, and self respect. These are not adjectives. This is the real world. It actually happens.

• 19 Apr 2023, 02:39:52 PM IST

  Child loses the benefits of parenthood of both the parents: CJI DY Chandrachud

  CJI DY Chandrachud: It's just that the child loses the benefits of parenthood of both the parents.

• 19 Apr 2023, 02:38:39 PM IST

  It will create a psychological impact on the child: CJI DY Chandrachud

  CJI DY Chandrachud: Incidentally, even if a couple is in a gay relationship or a lesbian relationship, one of them can still adopt. So the argument that this will create a psychological impact on the child is belied by the fact that today as the law stands, it's open.

• 19 Apr 2023, 02:36:00 PM IST

  Why should there be exclusion of one set of couples: Singhvi

  Marriage is vital and important because of the sense of security it provides to couples. Why should there be exclusion of one set of couples?

• 19 Apr 2023, 02:34:52 PM IST

  For those who seek marriage, they seek it for a community: Singhvi

  For those who seek marriage, they seek it for a community and social validation of a relationship. And I can't agree more with Mr SG that just like heterosexuals deserve it, non heterosexuals also seek it and deserve it: Singhvi

• 19 Apr 2023, 02:33:39 PM IST

  Marriage is a vital foundation: Singhvi

  It is because marriage is a vital foundation, we the excluded class, wants to have all those index of marriage which follow a marriage: Singhvi

• 19 Apr 2023, 02:30:12 PM IST

  GOI says that you're liable of being excluded only because of ascriptive characteristics: Singhvi

  Singhvi: The government of India is saying that you're liable of being excluded only because of ascriptive characteristics - involuntary, external, and not by choice.

• 19 Apr 2023, 02:28:55 PM IST

  Singhvi continues his arguments in the court

  The second aspect is that when the Government of India in its various places in counter says for example "socially, culturally, and legally ingrained", it fails to really address that the SMA was created as an alternative to what you might call socially ingrained concepts of marriage.

• 19 Apr 2023, 02:23:41 PM IST

  Exclusion of the entire LGBTQ class is based on sex and sexual orientation: Singhvi

  Singhvi: The implied exclusion of the entire LGBTQ class from SMA is based on a sole marker of identity - sex and sexual orientation.

• 19 Apr 2023, 02:20:55 PM IST

  Three constitutional facets being practiced on ascriptive issues: Singhvi

  These are three constitutional facets being practiced on ascriptive issues- those issues which are not taken by choice. Ascriptive characteristics are race, caste, ethnicity, national origin- here it would be sex or sexual orientation, argues Singhvi. 

• 19 Apr 2023, 02:19:59 PM IST

  We'll first deal with the larger constitutional facets on non discrimination: Singhvi

  We'll first deal with the larger constitutional facets on non discrimination, dignity, and free speech. And then I'll give your lordships a very interesting development on the approach to interpretation to make things constitutionally compliant.

• 19 Apr 2023, 02:16:14 PM IST

  Hearing resumes after lunch

  Hearing has resumed after lunch, Singhvi continues.

• 19 Apr 2023, 02:15:36 PM IST

  Personal laws won't be considered in this matter: SC

  The top court on Tuesday made it clear that it will not go into personal laws governing marriages while deciding the pleas seeking legal validation for same-sex marriages and said the very notion of a man and a woman, as referred to in the Special Marriage Act, is not "an absolute based on genitals".

• 19 Apr 2023, 02:14:00 PM IST

  Petitioners urge SC to use its plenary power, moral authority

  The petitioners seeking legal validation of same-sex marriage on Wednesday urged the Supreme Court to use its plenary power, “prestige and moral authority” to push the society to acknowledge such a union which would ensure LGBTQIA persons lead a “dignified” life like heterosexuals.