Same-sex marriage: CJI says there are no absolutes as I said, even at risk of getting trolled
- 'It is not the question of what your genitals are. It is far more complex, that's the point. So, even when the Special Marriage Act says man and woman, the very notion of a man and a woman is not an absolute based on genitals' , the SC bench headed by CJI Chandrachud has said on Day 1
‘There are no absolutes as I said, even at the risk of getting trolled’, Chief Justice of India DY Chandrachud was heard telling lawyers and others present int he Supreme Court room during the third day of hearing on legalisation of same-sex marriage.
CJI Chandrachud has subjected to extreme trolling on Twitter for his comments refuting Solicitor General of India Tushar Mehta's idea of ‘biological male’ and ‘biological female’. The CJI had said that ‘there are no absolutes’ in the concept of male and female. He had further added that it is more' complicated'.
The five-judge constitution bench comprising Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha, headed by Chief Justice D Y Chandrachud had said that the notion of a man and a woman is not "an absolute based on genitals." Therefore, the Special Marriage Act, which refers to "man and woman," is not restricted to genitals.
“It is not the question of what your genitals are. It is far more complex, that's the point. So, even when the Special Marriage Act says man and woman, the very notion of a man and a woman is not an absolute based on genitals," said the bench, which also comprised justices Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha.
Following this the CJI was subjected to offensive brutal trolling. One Twitter user wrote, "Honorable #cjidychandrachud Since there is no absolute concept of a man or an absolute concept of a woman at all, can a male body imbued by female psychological instincts travel in Ladies Compartment without fear or punishment??"
‘Are Binary spouses essential?’ asks CJI Chandrachud
On the third day of the hearing, CJI Chandrachud said "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.
"[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?" he asked.
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Business NewsNewsIndiaSame-sex marriage: CJI says there are no absolutes as I said, even at risk of getting trolled
First Published:20 Apr 2023, 04:31 PM IST
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