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Wednesday, Feb 28, 2024

Same-sex marriage hearing highlights: Bench concludes hearing, to re-assemble tomorrow

Same-sex marriage SC hearing highlights: Petitions seek legal validation.
In this Saturday, Jan. 7, 2023, file photo, LGBTQ members take part in a pride parade, in Nagpur. The Supreme Court on Tuesday, April 18, 2023, began hearing arguments on a batch of pleas seeking legal validation of same-sex marriages.
In this Saturday, Jan. 7, 2023, file photo, LGBTQ members take part in a pride parade, in Nagpur. The Supreme Court on Tuesday, April 18, 2023, began hearing arguments on a batch of pleas seeking legal validation of same-sex marriages.

The Supreme Court on Tuesday began hearing arguments on a batch of pleas seeking legal validation of same-sex marriages, an issue that has wide societal ramifications and has sharply divided opinion. The hearing for the day ends and the Constitution bench will re-assemble tomorrow. The case is being heard by a five-judge Constitution bench comprising Chief Justice D Y Chandrachud and Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha....Read More

Appearing for the Centre is SG Tushar Mehta whereas Senior Advocate Mukul Rohatgi is appearing for the petitioners.

Centre raises preliminary objections to the Supreme Court hearing, says parliament is the only constitutionally permissible forum to decide on creation of a new social relationship.

SG Tushar Mehta tells the Constitution bench that participants to the proceedings don't represent the views of the nation & that the court must first examine if the court can at all hear this matter.

Follow all the updates here:
Apr 18, 2023 6:06 PM IST

In hearing same-sex marriage plea, Supreme Court adopts ‘incremental approach’

The Supreme Court on Tuesday commenced it’s hearing on a bunch of petitions demanding legal recognition for same-sex marriages in India, clarifying that the remit of the proceedings will confine to validation of such marriages under the Special Marriage Act (SMA). Read more

Apr 18, 2023 4:04 PM IST

Hearing on same-sex marriage petitions over for the day

The first day of the hearing in same-sex marriage case comes to an end. Constitution bench to re-assemble tomorrow. Bench rises for the day.

Apr 18, 2023 4:02 PM IST

‘(Article) 377 is gone but you remain in your closet’: Rohatgi argues

“When you deny me the right of marriage, you deny me citizenship. If you deny me citizenship, you are saying you're no good, you're not equal to a citizen under preamble so you stay where you are.”

Apr 18, 2023 4:00 PM IST

Rohatgi says LGBTQ+ is not seen as a criminal, but…

“I am not perceived as a criminal but I am still perceived as a person who is not as good, unworthy of standing shoulder to shoulder in public arena.”

Apr 18, 2023 3:51 PM IST

‘Argument cannot be raised to leave it to Parliament’: Rohatgi

“This argument cannot be raised to leave it to Parliament, because your lordships are the protector of fundamental rights…In Navtej judgment, it was said that full media publicity should be given to the verdict but nothing happened. This is a disdain of the direction of this court.”

Apr 18, 2023 3:46 PM IST

Rohatgi explains aspirations of parents in Indian society

“In the Indian society, every parent wants their child to be settled. One of the aspects of settlement is not only to choose your education and vocation but also marriage, family…So we must have it too. I request this court to grant it to us.”

Apr 18, 2023 3:44 PM IST

‘LGBTQ+ community possess the same human rights’: Rohatgi

“LGBTQ+ community possess the same human right as a heterosexual person and thus they have a right to marry and cannot be said to be left alone.. thus we request this court to grant us this relief same sex marriage.”

Apr 18, 2023 3:22 PM IST

CJI Chandrachud says it is not proper to leave LGBTQ+ community alone to be recognised by social institutions

“On one hand LGBTQ community is entitled to say that they can make their own choices and live as they want and then society cannot say that you continue to live but we will not recognize you and deprive you benefit of conventional social institutions so it is not proper to leave them alone to be recognized by social institutions.” 

Advocate Rohatgi agrees and says, “It's not good enough to say that we'll leave you alone with 377, now be happy.”

Apr 18, 2023 3:15 PM IST

Rohatgi argues for not an amendment to the Act, but…

“I don't want merely an amendment to the act without the declaration. Because if your lordships only interpret the act, tomorrow it can be amended and then we're sunk. Thus, I request a constitutional declaration of marriage akin to heterogeneous group,” Rohatgi argues for petitioners.

Apr 18, 2023 3:10 PM IST

Justice Bhat explains how privacy works, Rohatgi says…

“What you speak here and what you speak at home will be different. that is how privacy works,” says Justice Bhat. To this, adv Rohatgi says, “Iam not reinventing the wheel.. I am only putting together the rights granted to me since marriage was not in question in earlier hearings on same sex marriage.”

Apr 18, 2023 3:05 PM IST

‘…need not only be procreation in one form’: Rohatgi on behalf of petitioners

“Procreation, in today's scenario, can also include adoption, IVF, surrogacy- it need not only be procreation in one form.”

Apr 18, 2023 3:03 PM IST

Rohatgi draws parallel with Roman ruler Nero, Justice Bhat says…

"Choice of an individual is not an "elitist concept". It is innate. People are born with it. So was Nero born, thousands of years ago." Justice Bhat said, “Let's not model ourselves on Nero.” 

Apr 18, 2023 2:59 PM IST

‘I can’t be to told to wait for Parliament to grant me these rights,' Rohatgi argues on behalf of petitioners

“I cannot be told that I should wait for parliament to grant me these rights when I'm dead and gone.”

Apr 18, 2023 2:56 PM IST

‘It’s no one's right to say that…': Adv Rohatgi

“The other side is talking as if this is 1920s or 30s and they're saying you're not equal, be happy with the 377 judgements, be happy with the rights you already have.”

Apr 18, 2023 2:55 PM IST

Rohatgi says ‘other side is talking as it this is 1920s or 30s’

“The other side is talking as if this is 1920s or 30s and they're saying you're not equal, be happy with the 377 judgements, be happy with the rights you already have." Rohatgi further refers to judgements.

Apr 18, 2023 2:53 PM IST

'My rights are equal to those of others, argues Rohatgi for petitioners

“My rights are equal to those of the others. They have a right to marriage, the right of respectability. A concomitant of rights flow from that respectability. The same should be granted to me”.

Apr 18, 2023 2:52 PM IST

Sexual orientation is an essential attribution to privacy: Rohatgi

“Discrimination against an individual on the basis of sexial orientation is deeply offensive to the dignity and self worth of the individua,” says Rohatgi

Apr 18, 2023 2:49 PM IST

We are facing this disdain, this stigma: Rohatgi

Senior advocate Mukul Rohatgi akes the bench through multiple judgements highlighting the rights of LGBTQIA++ individuals. His core argument is on the stigma faced by ‘queers’. "The test of popular acceptance does not furnish a valid basis to disregard rights which are conferred with the sanctity of constitutional protection," he said.

“This is the core of my arguments. Because we're miniscule, because we have faced this over the years, because we have been sidetracked, because we're looked at with disdain, because we're looked as QUEERS, you're not good.”

Apr 18, 2023 2:47 PM IST

‘If you don’t have full enjoyment of life, then…': Rohatgi

‘If you don’t have full enjoyment of life, then you won't have dignity': Rohatgi

Apr 18, 2023 2:42 PM IST

‘Recognition of one’s gender identity lies at…': Adv Rohatgi

"Recognition of one's gender identity lies at the heart of the fundamental right to dignity," he said.

Apr 18, 2023 2:41 PM IST

Adv Rohatgi argues sex is not limited to biological sex of male or female, but…

"The expression sex is not limited to biological sex of male or female but intended to include people who consider themselves neither," adv Rohatgi argues.

Apr 18, 2023 2:39 PM IST

‘Both gender and biological attributes contribute…’: Adv Rohatgi

"Both gender and biological attributes contribute distinct components of sex..." he said.

Apr 18, 2023 2:38 PM IST

‘Secularism was held to be a part of…’: Adv Rohatgi

Senior advocate Mukul Rohatgi said secularism was held to be a part of the basic structure in SR Bommai case..Para 1 of TMA Pai... 11 judge bench was headed by the then CJI BN Kirpal and he noted India is the land of diversity.... all of this means that people who constitute the unity of nation must move together.

Apr 18, 2023 2:34 PM IST

Adv Rohatgi now reads out NALSA judgment on inclusion of transgender community

Adv Rohatgi now reads out NALSA judgment on inclusion of transgender community.

Apr 18, 2023 2:24 PM IST

Adv Rohatgi reads out the Preamble of the Constitution arguing for equality, dignity, liberty and fraternity

“It pains me to see the Govt calling it an elitist concept...State isn't willing to recognize anything apart from heterogeneous relationships,” he said.

Apr 18, 2023 2:15 PM IST

Hearing resumes after lunch break, senior advocate Mukul Rohatgi argues

Hearing resumes after lunch break, senior advocate Mukul Rohatgi argues for the petitioners.

Apr 18, 2023 1:01 PM IST

Hearing paused till 2 pm; to resume after lunch break 

Supreme Court hearing on same-sex marriage petitions paused for lunch break, will be meeting at 2 pm. 

Apr 18, 2023 12:49 PM IST

Marriage for heterosexual union has been there from historical times: Aruguments against same-sex marriage

Arguments against same-sex marriage come up saying that marriage has been there for heterosexual union from historical times as they bring in the biological side.

Apr 18, 2023 12:36 PM IST

No abosolute concept of ‘Man’, ‘Woman’: CJI

CJI DY Chandrachud says to SG Mehta that there is no concept of absolute ‘Man’ or ‘Woman’ when his argument goes the concept of being biological.

Apr 18, 2023 12:32 PM IST

 SG Mehta: Let Parliament decide on ‘same-sex marriages’

SG Mehta says to the Supreme Court let the Parliament take decision on same-sex marriages. 

Apr 18, 2023 12:30 PM IST

Mehta says Hindu Marriage Act has been a code of conduct; SC says do not go for personal laws

SG Mehta: Hindu Marriage Act has been a code of conduct which is also the case with Islam.

SC says do not go for personal laws now.

Apr 18, 2023 12:27 PM IST

SG Mehta: LGBTQ members have their rights provisioned, their diginity upheld 

SG Mehta mentions the rights provisioned to the LGBTQ members. Their dignity is upheld and cannot be discriminated.

Apr 18, 2023 12:11 PM IST

Our society has found much greater acceptance of same sex relationships: Constitution bench.

Between Navtej (Sec 377 judgment in 2018) and today, our society has found much greater acceptance of same sex relationships and this is a great achievement...broader and broader issues can be left for an evolving future", says the Constitution bench.

Apr 18, 2023 12:09 PM IST

Focus on ‘consequences’ of same-sex couples' togetherness: Petitioners

Marriage is required for the same-sex couple to face the togetherness, say petitioners.

Apr 18, 2023 12:07 PM IST

Cannot deny a legislative element involved: SC

Supreme Court: "We can't deny the fact that there is undoubtedly a legislative element involved..We don't have to decide everything to decide something in this case. We can then allow society, parliament to evolve..."

Apr 18, 2023 12:05 PM IST

SC asks petitioners if the arguments could confine to interpretation of the Special Marriage Act

Supreme Court asks petitioners if the arguments for the present could confine to interpretation of the Special Marriage Act and not involve personal laws at all.

SC: There may be some amount of sage wisdom in going about our task in an incremental manner.

Apr 18, 2023 12:04 PM IST

‘LGBTQ+’ people are denied day-to-day rights line bank accounts, marriage works here: Petitioners

‘LGBTQ+’ people are denied day-to-day rights line bank accounts, marriage works here and will help them to solve many other issues like insurances, petitioners say.

Apr 18, 2023 12:01 PM IST

CJI: We are in-change, we will decide how to proceed

CJI: "We are in-charge and we will decide how the matters will proceed. We won't allow anyone else to tell us to hear or not hear...Trust us to have the broadest perspective".

Apr 18, 2023 11:55 AM IST

Follow same-sex marriage SC hearing LIVE proceedings here

Apr 18, 2023 11:54 AM IST

Sr Adv Kapil Sibal: There are also issues of personal law- adoption

Sr Adv Kapil Sibal: There are also issues of personal law- adoption, succession, several issues that arise and that is the canvas your lordships should be looking at.

Sibal: Whether you're lordships will like to go into that or not, we'll know

SG Mehta: I'm making it very clear that my preliminary objections are not objections on merits. These are only for deciding which forum would adjudicate upon this.

Apr 18, 2023 11:48 AM IST

SG Mehta: Matter of a sensitive nature. Give me some time we may consider 

CJI DY Chandrachud: I'm sorry Mr Solicitor, we are in charge. We'll hear you later.

SG Mehta: This is a matter of a sensitive nature. Give me some time we may consider what would be the stand of the government.

Apr 18, 2023 11:46 AM IST

SG Mehta: Give me time to consider to what extent government would want to participate

SG Mehta: Give me time to consider to what extent government would want to participate

CJI DY Chandrachud: Anything but an adjournment.

Apr 18, 2023 11:43 AM IST

Parliament constitutionally permissable to decide, says Centre

Centre raises preliminary objections to the SupremeCourt hearing, says parliament is the only constitutionally permissible forum to decide on creation of a new social relationship.

Apr 18, 2023 2:15 PM IST

Hearing resumes after lunch break, senior advocate Mukul Rohatgi argues

Hearing resumes after lunch break, senior advocate Mukul Rohatgi argues for the petitioners.

Apr 18, 2023 1:01 PM IST

Hearing paused till 2 pm; to resume after lunch break 

Supreme Court hearing on same-sex marriage petitions paused for lunch break, will be meeting at 2 pm. 

Apr 18, 2023 12:49 PM IST

Marriage for heterosexual union has been there from historical times: Aruguments against same-sex marriage

Arguments against same-sex marriage come up saying that marriage has been there for heterosexual union from historical times as they bring in the biological side.

Apr 18, 2023 12:36 PM IST

No abosolute concept of ‘Man’, ‘Woman’: CJI

CJI DY Chandrachud says to SG Mehta that there is no concept of absolute ‘Man’ or ‘Woman’ when his argument goes the concept of being biological.

Apr 18, 2023 12:32 PM IST

 SG Mehta: Let Parliament decide on ‘same-sex marriages’

SG Mehta says to the Supreme Court let the Parliament take decision on same-sex marriages. 

Apr 18, 2023 12:30 PM IST

Mehta says Hindu Marriage Act has been a code of conduct; SC says do not go for personal laws

SG Mehta: Hindu Marriage Act has been a code of conduct which is also the case with Islam.

SC says do not go for personal laws now.

Apr 18, 2023 12:27 PM IST

SG Mehta: LGBTQ members have their rights provisioned, their diginity upheld 

SG Mehta mentions the rights provisioned to the LGBTQ members. Their dignity is upheld and cannot be discriminated.

Apr 18, 2023 12:11 PM IST

Our society has found much greater acceptance of same sex relationships: Constitution bench.

Between Navtej (Sec 377 judgment in 2018) and today, our society has found much greater acceptance of same sex relationships and this is a great achievement...broader and broader issues can be left for an evolving future", says the Constitution bench.

Apr 18, 2023 12:09 PM IST

Focus on ‘consequences’ of same-sex couples' togetherness: Petitioners

Marriage is required for the same-sex couple to face the togetherness, say petitioners.

Apr 18, 2023 12:07 PM IST

Cannot deny a legislative element involved: SC

Supreme Court: "We can't deny the fact that there is undoubtedly a legislative element involved..We don't have to decide everything to decide something in this case. We can then allow society, parliament to evolve..."

Apr 18, 2023 12:05 PM IST

SC asks petitioners if the arguments could confine to interpretation of the Special Marriage Act

Supreme Court asks petitioners if the arguments for the present could confine to interpretation of the Special Marriage Act and not involve personal laws at all.

SC: There may be some amount of sage wisdom in going about our task in an incremental manner.

Apr 18, 2023 12:04 PM IST

‘LGBTQ+’ people are denied day-to-day rights line bank accounts, marriage works here: Petitioners

‘LGBTQ+’ people are denied day-to-day rights line bank accounts, marriage works here and will help them to solve many other issues like insurances, petitioners say.

Apr 18, 2023 12:01 PM IST

CJI: We are in-change, we will decide how to proceed

CJI: "We are in-charge and we will decide how the matters will proceed. We won't allow anyone else to tell us to hear or not hear...Trust us to have the broadest perspective".

Apr 18, 2023 11:55 AM IST

Follow same-sex marriage SC hearing LIVE proceedings here

Apr 18, 2023 11:54 AM IST

Sr Adv Kapil Sibal: There are also issues of personal law- adoption

Sr Adv Kapil Sibal: There are also issues of personal law- adoption, succession, several issues that arise and that is the canvas your lordships should be looking at.

Sibal: Whether you're lordships will like to go into that or not, we'll know

SG Mehta: I'm making it very clear that my preliminary objections are not objections on merits. These are only for deciding which forum would adjudicate upon this.

Apr 18, 2023 11:48 AM IST

SG Mehta: Matter of a sensitive nature. Give me some time we may consider 

CJI DY Chandrachud: I'm sorry Mr Solicitor, we are in charge. We'll hear you later.

SG Mehta: This is a matter of a sensitive nature. Give me some time we may consider what would be the stand of the government.

Apr 18, 2023 11:46 AM IST

SG Mehta: Give me time to consider to what extent government would want to participate

SG Mehta: Give me time to consider to what extent government would want to participate

CJI DY Chandrachud: Anything but an adjournment.

Apr 18, 2023 11:43 AM IST

Parliament constitutionally permissable to decide, says Centre

Centre raises preliminary objections to the SupremeCourt hearing, says parliament is the only constitutionally permissible forum to decide on creation of a new social relationship.