BackSame-sex marriage LIVE: No govt data shows same-sex marriage is an urban-elitist concept, says CJI
Supreme Court has started hearing arguments on the validation of same-sex marriages in India
PremiumSupreme Court begins hearing arguments on the validation of same-sex marriage in India. The five-judge constitution bench of the apex court heard a clutch of petitions as it calls it a "seminal" issue of great importance.
The central government has opposed gay marriage rights and said the matter should be legislated by Parliament and not decided by the courts. Prime Minister Narendra Modi-led central government reiterated that deciding on issues touching upon human relations such as marriage is “essentially a legislative function."
India decriminalized homosexuality in 2018 but has yet to extend family rights to the LGBTQ community.
The court proceedings will start shortly and will be closely watched globally that's because if the Supreme Court rules in favour of marriage equality then India will become the world's largest democracy to do so.
According to Pew Research, more than 30 countries across the globe have legalised same-sex marriage so far.
What did the CJI and other judges say on Day 2 of same-sex marriage hearing
On the second day of hearing the petitions demanding the legalisation of same-sex marriage in India
While hearing the legality of same-sex marriage in India, the Supreme Court on Wednesday observed that couples in a gay and lesbian relationship can still adopt children. The five-judge bench made the observations while hearing the matter for the second consecutive day and will resume the hearing on Thursday.
Same sex couple will raise a child with love, empathy and inherited grace, says Varun Grover
A kid raised by same sex couple will not be a product of a loveless marriage or greed for a son or pressure from elders, and will be raised with love, empathy and inherited grace, said lyricist and comedian Varun Grover while supporting the legalisation of same sex marriage.
“How will a #samesexcouple raise a child? Definitely better than how a majority of the hetero couples raise theirs. These kids won't be the product of a loveless marriage or greed for a son or pressure from elders. They will be raised with love, empathy, and inherited grace," he tweeted on Wednesday.
Same sex marriage: Govt invokes dignity, cultural ethos in opposing legalisation. 10 updates
On the second day of the historic hearing for legalising same-sex marriage in India, the Supreme Court bench made significant remarks on the case. The apex court, on the second day of the hearing, was urged by the Indian government to use it's ‘plenary powers, prestige and moral authority’ in taking a decision on legalising same-sex marriage. (Read full report here)
CJI Chandrachud faces backlash for ‘notion of man, woman not absolute based on genitals’
As India witnesses a historic judicial hearing on same-sex marriage live on YouTube, Chief Justice of India DY Chandrachud is facing the rage of Twitterati over his remarks on gender. Many Twitter users are criticising the CJI for the observations he made during the first day of the hearing. On Tuesday, CJI Chandrachud said, “Notion of a man and a woman is not an absolute based on genitals." The remark didn't sink well with Twitter users as they began to tweet against it with #cjidychandrachud hashtag. (Read full story here)
SC hearing on same-sex marriage ends for the day
SC bench hearing pleas on same-sex marriage has risen for the day. The second day of the hearing came to an end with Senior Advocate Singhvi presenting his arguments in the favour of the case. He will continue his submissions tomorrow as well.
‘Freedom of expression includes right to express one’s gender,' Singhvi
Presenting arguments in the favour of same-sex marriage, Senior Advocate,AM Singhvi, appearing for one of the petitioners, said freedom of expression also encompasses the freedom or the right to express one's gender identity in all its manifestations.
“Freedom of expression includes the freedom or the right to express one's gender identity in all its manifestations," he said.
‘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.
‘My client is a transgender, for her to be branded as ‘urban elitist’ shows lack of grace,’ says Vishwanathan
The Supreme Court hearing the pleas on the legalisation of same-sex marriage resumed post lunch at 2:00 pm.
In a latest of the conversation, Senior Advocate KV Vishwanathan, mentioned his client who is a transgender, and was disowned by the family. His client was also forced to beg on streets and was later to rise above their struggle to become director in KPMG. He called the perception of ‘urban elitist' as an act of lack of grace.
"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," he said.
‘Notion of man, woman not based on genitals,’ says SC on legal validation of same-sex marriage
The Supreme Court of India on Tuesday heard pleas seeking legal validation for same-sex marriages. The five-judge constitution bench headed by Chief Justice DY Chandrachud that they would not consider personal marriage laws while deciding the case. However, lawyers were asked to present arguments on the Special Marriage Act. (Read full report here)
Hearing on same-sex marriage petitions over for today, resume tomorrow
The judicial hearing on petitions on same-sex marriage was over on Tuesday and will begin tomorrow with the address of Mukul Rohatgi for around 30 more minutes.
‘When you deny me the right of marriage, you deny me citizenship’ Mukul Rohatgi
Giving sharp comments on denial of marriage to LGBTQ community, Mukul Rohatgi said that denial of the right of marriage, means denial of citizenship. When citizenship is denied, it indicates that the person is of no good and not equal to a citizen under preamble.
“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," he said.
'Settlement includes education, vocation, and even marriage.We must have it too' Mukul Rohatgi
Talking about the idea of settlement in society, Mukul Rohatgi said every parent wants their child to be settled. One of the aspects of settlement is marriage, family. This is the main reason why LGBTQ community must have this right too.
“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," he said.
He also added that the argument can't be left in the hands of parliament because it is about fundamental rights.
“His argument cannot be raised that leave it to parliament, because your lordships are the protector of fundamental rights," he said.
Reservations were introduced because there was inequality
Adding another point in the favour of same-sex marriage, Mukul Rohatgi reminded the bench of reservations. He stated that reservations were introduced because there were inequality for various reasons. In response, state gave affirmative action to bring them up so as to be at par.
“Yes. Take the example of reservations. Why were they introduced? There was inequality for various reasons. State gave affirmative action to bring them up so as to be at par," said Mukul Rohatgi
"In a sense privacy is an individual concept, which allows you to get to the core of your being' CJI DY Chandrachud
Chief Justice of India DY Chandrachud, said “Each of us are social individuals and therefore for society to assert that we'll leave you alone, we will deny you the recognition of those social relationships which go to the fulfillment of life. That according to you is wrong."
“I can't be criminalized but the stigmatisation continues,"Rohatgi on same-sex marriage
Speaking on stigma around the LGBTQ community, Mukul Rohatgi said, “I can't be criminalized but the stigmatisation continues."
He also added that he is not reinventing the wheel-it's all here. He also said that he is only putting it together because there was no question of marriage in those cases
“Procreation, in today's scenario, can also include adoption, IVF, surrogacy- it need not only be procreation in one form,"he added.
Rohatgi:
“I cannot be told that I should wait for parliament to grant me these rights when I'm dead and gone."
“Last 70 years this court has been the guarantor of fundamental rights. It's noone's right to say that even if one man comes against this, you better wait for parliament. This court has never accepted this. 32 is itself a fundamental right."
‘You are not equal, be happy with 377 judgement’, Mukul Rohatgi
Criticising the other side, Mukul Rohatgi said, “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."
He also said that the people of LGBTQ community are still facing the disdain and stigma. He also recalled previous judgement made on LGBTQ rights. He also said that one's gender identity lies at the heart of their fundamental righ to dignity.
Mukul Rohatgi:
Recognition of one's gender identity lies at the heart of the fundamental right to dignity."
He also stated that the expression sex is not limited to biological sex of male or female, but also identify those people who consider themselves neither. He also cited the example of Anuj Garg vs hotel association of India.
He also said that both the gender and biological attributes contribute distinct components of sex.
Sam-sex marriage pleas: Highlights post lunch session
Mukul Rohatgi has been speaking in the favour of same-sex marriage against the bench at Supreme Court post-lunch session.
Rohatgi: "Secularism was held to be a part of basic structure in Bommai...In Ayodhya also we held that 1993 act was a part of basic structure."
“Sometimes mindsets do not change. Parliament or the legislative assembly acts with more elactrity, sometimes with less."
Same-sex marriage pleas to be heard today: Here are key updates on this landmark SC hearing:
- Same-sex marriage court hearing highlights till 1 pm:
The hearing at Supreme Court began on a heated note on Tuesday with the Centre saying it will re-examine whether to participate in the proceedings or not.
Solicitor General Tushar Mehta, appearing for the central government, told the bench that the issue raised by the Centre regarding the maintainability of the petitions should be heard first.
Subsequently, CJI Dy Chardachud rejected SG Mehta's request. Mehta said he raised the request saying that the issue falls within the domain of the parliament.
However, the CJI said the bench will hear the petitioners first to understand the broad issues canvassed.
After that, Mehta said, the Centre will ponder whether or not it wishes to participate in the case.
The Centre has opposed the clutch of petitions that have sought recognition of same-sex marriage under the law. According to the Centre's statement, living together as partners and having a sexual relationship with same-sex individuals is not comparable to the Indian family unit concept which involves a biological man and biological woman with children born out of such wedlock. Similar views are expressed by Jamiat-Ulama-I-Hind and National Commission for Protection of Child Rights (NCPCR).
However, the Delhi Commission for Protection of Child Rights (DCPCR) has supported the case of the petitioners.
- Bench to resume hearing shortly.
-Rakesh Dwivedi:
Same-sex union has always existed but they were not given equality at part with heterosexual couples. They were never treated equally only if the court decides that they are equal.
- Tushar Mehta:
Today you are saying personal laws are not got into but the earlier judgment opened this window.So again this would open a window later.
-CJI:
But we cannot bind our future generations long after we are gone and turned to dust.
-Geeta Luthra:
With regards to the Citizenship act, the word "spouse" has been used in 2015 subsequent to all these legislations. So all that is required is that spouse means spouse.
-Tushar Mehta, Solicitor General:
It is restricted to the genitals I did not want to say this.
Please see the definitions in the transgender act. There is the definition of transgender etc. The question is not granting a socio-legal sanction etc, it has been clearly said no one shall discriminate against transgender persons including unfair treatment, and denial of employment, and here transgender includes LGBTQI, and not what we understand in the conventional sense.
-CJI:
The notion of biological man and biological woman is absolute. It is a question of genitals. The very notion of Special marriage act having man and woman is not restricted to the genitals
-Justice Sanjay Kishan Kaul:
Sometimes incremental changes in issues of societal ramifications are better. There is time for everything. Therefore what was being suggested was- can we, for the time being, confine it only to limited issue, don't step into personal law issues.
-Abhishek Manu Singhvi:
On the canvas, there are two crucial words here marriage and persons. There are two categories of consequences- One is minor and major consequences of marriage.
Adoption according to me is crucial. So if the court holds marriage of same sex is legal but such a right is an empty shell. One is heterosexual marriage, and one is homosexual marriage. So one criterion is sex-based and if the court holds that same-sex marriage is valid, it does not mean that persons with all shades are included. The correct position will be to allow marriage between two consenting adults.
-Menaka Guruswamy:
The LGBTQ community is denied basic rights. Bank accounts, life insurance, etc everything is denied. I am not able to nominate my partner for life insurance. I cannot buy SCBA insurance for my family even though I am an SCBA member...Rights are protected when you protect your relationships...Day to day business of life is all these things and marriage gives a couple these bouquets of rights.
-Mukul Rohatgi:
The legislative drafting which was done 50-70 years ago cannot stop what I'm constitutionally entitled to get.
- Menaka Guruswamy:
Hindu Marriage Act is a statutory law and not personal law. There are elements of inter-caste marriage, etc which is not part of Hindu personal law.
- Mukul Rohatgi:
The law can't remain static. Law moves, society moves. Court will act when it is called upon to act. It will act whatever it can within its judicial parameters.
- Senior Advocate Mukul Rohatgi's key arguments in favour of legalisation of same-sex marriage:
- We are getting older. We also want respectability of marriage. Today what is the position? These people- call them queer, gay- if they go to places, people look at them. That is a restriction, infringement of my right under Article 21.
- Concept of marriage has changed over last 100 years. Earlier we had child marriages, temporary marriages, a person could marry any number of times - that also changed. There was a lot of protest to the new avatar of Hindu marriage act.
- Constitution is a living document. The preamble says "equality, fraternity".
- I have a sense of deja vu. Years ago, I opened the case in decriminalising 377 if we have the same rights as heterosexual groups, we have the same right to marry too.
- Rohatgi tells CJI DY Chandrachud, "I want to say that your lordships may broadly read 'spouse' in place of 'man and woman' or 'husband and wife'".
- There is no reason why once our rights are identical, we don't get this. That has been the development in the US and other states. We want a declaration that we have a right to marry, that right will be recognised by the State & will be registered under Special Marriage Act. Once that happens, society will accept us. The stigma will only go once the state recognises it. That will be full and final assimilation," Rohatgi added.
- Mukul Rohatgi tells Court, "We are persons who are of the same sex. We have, acc to us, the same rights under the constitution as a heterosexual group of society. Your Lordships have held that. The only stumbling block to our equal rights was 377. Criminality is now gone. The unnatural part or order of nature is gone from our statute. So therefore our rights are equal".
- Five-Judge constitution bench assembles at Supreme Court.
-Indian lawyer and former Congress leader raised a question on same-sex marriage minutes before the country's apex court is set to hear the pleas. Sibal asked, "Same-sex marriage. Supreme ready to hear. Is society ready to listen? Tough one!
- The Kashmir Files director, Vivek Ranjan Agnihotri has said that same-sex marriage is a human need. He called it, "a need. It's a right".
- Watch the landmark hearing on same-sex marriage here.
- Comedian/ Actor Vir Das backs legalisation of same-sex marriage.
- Senior Advocate Menaka Guruswamy and Advocate Arundhati Katju, LGBTQ icons and lawyers representing the petitioners in the same-sex marriage tweets, "With the Constitution in our hearts, we go back to our court, for complete equality, full dignity and freedom worthy of our citizenship".
- The National Commission for Protection of Child Rights (NCPCR) has also moved the Supreme Court against the legalisation of same-sex marriages.
The child rights body argued that children raised by same-sex parents may have a limited exposure to the traditional gender role models.
The petition has referred to studies on adoption by same-sex parents which, it claimed, show that such a child gets affected both socially and psychologically.
- Calling an 'alien concept', Akhil Bhartiya Sant Samiti has also opposed same-sex marriage.
"The concept of same-sex marriage is alien to our society and it is liable to be rejected in toto," Akhil Bhartiya Sant Samiti said in the Intervention Application through its general secretary Swami Jeetendranand Sarswatee.
- Rashtriya Swayamsevak Sangh (RSS) has also backed the Central government's stance against same-sex marriage. The RSS said that such unions should only exist between two people from opposite genders.
- Indian Psychiatric Society (IPS) has extended its support for same-sex marriage, adoption, and equal rights in India.
The IPS- an umbrella body of psychiatrists in the country with close to 8,000 members- reiterated in its statement that homosexuality is a variant of normal sexuality and not an illness and also said that like every citizen of India, members of the LGBTQIA+ community should be treated equally.
- The petitioners have challenged the constitutionality of pertinent provisions of the Hindu Marriage Act, Foreign Marriage Act and Special Marriage Act, and other marriage laws on the ground that they deny same-sex couples the right to marry.
- The Supreme Court is seized of a clutch of at least 15 petitions demanding legal recognition for same-sex marriages in the country.
-The Central government has buttressed its stand that the petitions before the court reflect “urban elitist views for the purpose of social acceptance".
- A bench of Chief Justice D Y Chandrachud and justices S K Kaul, S Ravindra Bhat, P S Narasimha and Hima Kohli will hear the petitions which were referred to a larger bench for an authoritative pronouncement on 13 March.
- A five-judge Constitution bench of SC to commence hearing on petitions seeking legal validation of same-sex marriages.
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