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On Apr 18, union govt's lawyer Tushar Mehta stood before the Supreme Court bench hearing the #SameSexMarriage case and requested it to refrain from hearing the case. "Leave it to parliament," he said.
But why? A thread.🧵
article-14.com/post/marriage-…
On Apr 18, union govt's lawyer Tushar Mehta stood before the Supreme Court bench hearing the #SameSexMarriage case and requested it to refrain from hearing the case. "Leave it to parliament," he said.
But why? A thread.🧵
article-14.com/post/marriage-…
Centre says-
1. Court cannot create or recognize marriage by judicial interpretation.
2. 'Urban-Elitist' concept.
3. Majority of other countries have recognised same-sex marriage via legislation.
4. Debate in society, nation must. Only parliament can decide.
1. Court cannot create or recognize marriage by judicial interpretation.
2. 'Urban-Elitist' concept.
3. Majority of other countries have recognised same-sex marriage via legislation.
4. Debate in society, nation must. Only parliament can decide.
I find-
1. Courts can, & have, changed laws via judicial interpretation
2. Not an "urban-elitist" concept
3. 23 of 34 countries where same-sex marriage recognised did so via legislation, but 10, including US, did so via court judgements
4. Court can decide if legislative lethargy
1. Courts can, & have, changed laws via judicial interpretation
2. Not an "urban-elitist" concept
3. 23 of 34 countries where same-sex marriage recognised did so via legislation, but 10, including US, did so via court judgements
4. Court can decide if legislative lethargy
