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:
Apr 20, 2023 15:41 (IST)
"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."
Apr 20, 2023 14:28 (IST)
"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.
Apr 20, 2023 12:07 (IST)
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.
Apr 20, 2023 12:06 (IST)
So intention, statutory text, and now we have a third test- "important fundamental rights" involved, he adds
Apr 20, 2023 12:05 (IST)
The second thing which is not determinative is statutory text. It's quite interesting that an English court is saying this - AM Singhvi
Apr 20, 2023 12:04 (IST)
"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.
Apr 20, 2023 12:03 (IST)
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.
Apr 20, 2023 11:57 (IST)
AM Singhvi is appearing for one of the petitioners.
Apr 20, 2023 11:53 (IST)
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.
Apr 20, 2023 11:48 (IST)
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.
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