2 years ago
New Delhi:
The Supreme Court heard arguments on a batch of pleas seeking legal validation for same-sex marriages. Are two spouses who belong to a binary gender essential for marriage, Chief Justice DY Chandrachud asked while hearing arguments today. "We see these [same-sex] relationships not just as physical relations but something more of a stable, emotional relationship," Justice Chandrachud said on the third day of the hearing by a five-judge bench that is being live-streamed on the court website and YouTube.
On Wednesday, the top court emphasised on the need to finish the matter in a time-bound manner, saying there are other cases waiting to be heard.
The five-judge constitution bench is headed by Chief Justice D Y Chandrachud.
The Centre has urged the Supreme Court that all states and Union Territories be made parties to the proceedings on the pleas seeking legal validation for same-sex marriages.
The Supreme Court had last year sought the Centre's response to separate pleas moved by two gay couples seeking enforcement of their right to marry and a direction to the authorities concerned to register their marriages under the Special Marriage Act.
Here are the Highlights on Supreme Court hearing on Same-Sex Marriage Case:
Host Of Rights That Being Married Provides To A LGBTQIA+ Couple: Chief Justice
Chief Justice of India DY Chandrachud said, "Same sex couples seek the same benefits of marriage. There are a whole range of benefits that cohabitation and marriage provide."
Concluding the hearing, Advocate Vishwanathan summarised the reliefs sought.
"We have challenged the Special Marriage Act as it does not recognise marriages other than heterosexual. Only way to save is it to equalise it, reading into the statute ... All that is needed is to add husband, wife or "spouse" in Special Marriage Act. Rest will follow. They (government) need to tailor it," he said.
Arguments from the petitioners will be closed on Monday. Chief Justice asked the lawyers to discuss among themselves on dividing the time.
"People Moving Away From Notion That You Must Have A Boy": Chief Justice
Chief Justice: "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. People are moving away from the notion that you must have a boy."
Chief Justice: "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. People are moving away from the notion that you must have a boy."
"There Are No Absolutes": Chief Justice
Chief Justice: "There are no absolutes as I said, even at the risk of getting trolled...And what happens when there is a heterosexual couple and the child sees domestic violence? Will that child grow up in a normal atmosphere? Of a father becoming an alcoholic, coming home and thrashing the mother every night, and asking for money for alcohol."
Chief Justice DY Chandrachud: Same-Sex Relationships Not Just Physical"[Legalising same-sex marriage] requires us to redefine the evolving notion of marriage," Chief Justice DY Chandrachud asked on Thursday.
What Chief Justice said during hearing on same-sex marriage case
- "We see these [same-sex] relationships not just as physical relations but something more of a stable, emotional relationship."
- "[Legalising same-sex marriage] requires us to redefine the evolving notion of marriage. Because is the existence of two spouses who belong to a binary gender a necessary requirement for marriage?"
- "And by decriminalizing homosexuality, we have not just recognised treating relationships between consenting adults of the same gender, but we've also recognised that people who are of the same sex would even be in stable relationships".
"Are Binary Spouses Essential?": Chief Justice
Are two spouses who belong to a binary gender essential for marriage, Chief Justice DY Chandrachud asked as he heard arguments on legalising same-sex marriages."We see these [same-sex] relationships not just as physical relations but something more of a stable, emotional relationship," Justice Chandrachud said on the third day of the hearing by a five-judge bench that is being live-streamed on the court website and YouTube.
Are two spouses who belong to a binary gender essential for marriage, Chief Justice DY Chandrachud asked as he heard arguments on legalising same-sex marriages."We see these [same-sex] relationships not just as physical relations but something more of a stable, emotional relationship," Justice Chandrachud said on the third day of the hearing by a five-judge bench that is being live-streamed on the court website and YouTube.
- Chief Justice Chandrachud: And in the last 69 years, our law has really evolved. When you decriminalize homosexuality, you also realise that these are not one-off relationships, these are also stable relationships.
- Our principle premise is that when the legislation was enacted in 1954, the object of the legislation was to provide a form of matrimony for people who are not falling back on their personal laws.
- And by decriminalizing homosexuality, we have not just recognised treating relationships between consenting adults of the same gender but we've also recognised that people who are of same sex would even be in stable relationships.
Justice Bhat: So this was an all-enfolding kind of legislation.
The ultimate guidestar is- intention of statute, no; text of statute, no; parliamentary overall purposive understanding, no; but the ability to achieve a convention compliant result, says AM Singhvi.
So intention, statutory text, and now we have a third test- "important fundamental rights" involved, he adds
The second thing which is not determinative is statutory text. It's quite interesting that an English court is saying this - AM Singhvi
"Parliamentary intention is not the touchstone"- this is another red herring which your lordships may have to deal with in the present case," AM Singhvi adds.
AM Singhvi: The legal heart of this case is interpretation. It is apt for courts to read in words to make the statute convention compliant. A court can modify the meaning and hence both primary and secondary legislation.
Chief Justice DY Chandrachud: We will start hearing Mr Singhvi. Dr Singhvi, wrap up by 12.30.
AM Singhvi: Please count my 45 mins when I start.
Chief Justice DY Chandrachud: Alright, your time begins now.
Chief Justice Chandrachud to Solicitor General Tushar Mehta: Have we ever been unreasonable in this court
SG: No milord.. grateful
AM Singhvi is appearing for one of the petitioners.
The Centre has urged the Supreme Court that all states and Union Territories be made parties to the proceedings on the pleas seeking legal validation for same-sex marriages.
The Supreme Court is hearing arguments on a batch of pleas seeking legal validation for same-sex marriages. On Wednesday, the top court emphasised on the need to finish the matter in a time-bound manner, saying there are other cases waiting to be heard.
