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Bar and Bench

@barandbench

Sep 14, 2020 • 13 tweets • 4 min read • Read on X

@Iyervval

Delhi HC begins hearing a PIL to recognise same-sex marriage under Hindu Marriage Act.

#samesexmarriage #homosexuality #LGBT

@Iyervval

He are seeking to impose marriage equality under Hindu Marriage Act. The Act does not say that marriage has to take place between a man and a woman: Adv Raghav Awasthi for the Petitioners.

#samesexmarriage

Benefits available to heterosexual are thus not available to homosexual couples: Awasthi

Have any homosexual couples applied for marriage registration but were denied? : Court

Yes, but they were not willing to come before the Court. Thus, the PIL: Awasthi

My instructions are that such marriages are not being registered: Awasthi

What Petitioners are seeking cannot ve granted: SG Tushar Mehta

Our legal system, society and values do not recognise marriage between same sex couples : SG Tushar Mehta

SG Tushar Mehta reads the section of degree of prohibited relationships under Hindu Marriage Act, says it refers to "man" and "woman".

At the moment, we are asking that is a PIL maintainable.: Court

I checked up the law. Court can't legislate : SG Mehta

I won't even file an affidavit. I will rely on statutory provisions: SG Mehta

Court may bear in mind that Surpreme Court only decriminalized homosexuality. Nothing more or less: SG Mehta

The Supreme Court gave reasons: Justice Prateek Jalan

If there are any aggrieved persons, they can can come. No question of a PIL : Court

You give names of such persons: Court

One of the petitioners, Mr Gopi Shankar is trying to get his marriage registered. I will take instructions: Awasthi.

Court grants time to the Petitioners to submit list of persons who are aggrieved by non registration of same sex marriage under HMA.

Matter adjourned till Oct 21
.

@Iyervval

Our legal system, values do not recognise same-sex marriage: SG Tushar Mehta tells Delhi HC

barandbench.com/news/litigatio…

@Iyervval #tusharmehta #marriage

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More from @barandbench

Bar and Bench

@barandbench

Jan 20

Supreme Court hears the case where village residents oppose the burial of a Christian man in the graveyard of their village in Chhattisgarh’s Bastar

Son of deceased Ramesh Baghel, a farmer from a Scheduled Caste (SC) community, who has kept the body in a mortuary for 12 days now is before supreme court

Justice BV Nagarathna: Why cannot a person before buried where they wanted to. Body is in mortuary? We are sorry to say that A person has to come to supreme court for the burial of his father. The HC, panchayat etc are not able to solve the problem. The HC says there will be law and order problem.. we are pained at this.

SG Tushar Mehta: if the case is to be decided only on emotions then I have nothing to say, else let it be argued

Sr Adv Colin Gonsalves: see the real reason, burial not being allowed because the person had converted.

SG: Intention may be to make this a precedent for rest of country. There is burial ground for the tribals who are not Christians. Though they are not christians they bury their dead. When christians die, just 20 km away there is a christian burial ground and they take the dead their and bury them. This ground is a Hindu tribal burial ground. Thus rather than not being vehement that I will not go 20 kms away.. then there are laws..

Justice Nagarathna: but what about burying in own land?

SG: once you bury or cremate someone in a private land the character of land changes it becomes a sacred place and it also has health issues. That is not permitted.. cremation etc is not allowed in private lands

Justice Nagarathna: no no nothing remains after cremation...

SG: it is not about one person it is the beginning of something else.

Read 12 tweets

Bar and Bench

@barandbench

Jan 2

#SupremeCourt hears plea seeking quashing of the entire process of designation of 70 lawyers as senior advocates undertaken by the Delhi High Court

Adv Mathew Nedumpara makes submissions

Justice BR Gavai: How many judges can you name whose offsprings have been made seniors ?

Nedumpara: I have given a chart..

Justice Gavai: we will grant you liberty to amend the plea and if it is not amended then we will take steps accordingly. Tell us who is the signatory to the profession.

Nedumpara: I myself.

SC: then tell us you want to withdraw or anything

Read 6 tweets

Bar and Bench

@barandbench

Dec 28, 2024

#Madrashighcourt will continue hearing today, the batch of petitions on the sexual assault of a student inside the Anna University campus in Chennai.

The vacation bench of
Justices SM Subramaniam and V Lakshminarayan assembles

Advocate General PS Raman: From what we have understood, some things have particularly affected the collective consciousness of this Court- The leaked details in the FIR and the Commissioner's statements in the press conference

Read 38 tweets

Bar and Bench

@barandbench

Dec 19, 2024

Supreme Court to hear a batch of petitions challenging the Calcutta High Court's order which set aside the appointments in over 24,000 teaching and non-teaching posts in government schools #SupremeCourt @MamataOfficial

Sr Adv Vibha Datta Makhija: we would need two days.

CJI Sanjiv Khanna: Yes let us start. No piecemeal arguments.

State: Let the state start.

Sr Adv Rakesh Dwivedi begins for state of West Bengal

Read 14 tweets

Bar and Bench

@barandbench

Dec 16, 2024

Supreme Court hears appeal challenging the Madras High Court's decision to allow Carnatic vocalist TM Krishna to receive the Sangita Kalanidhi MS Subbulakshmi Award.

ASG Venkataraman: Award was
conferred and it was greatly publicised. He is a person who made misogynistic comment against her

#SupremeCourt

ASG: the single judge order is in effect. The music academy could not have given the award yersterday. Can an injunction be breached and a public act be committee? Court is not powerless.

ASG: the court can stay this award or till suit is pending the fourth respondent cannot use the name of the award at all

Sr Adv Gopal Sankarnarayanan: Fourth respondent is not represented here as of now.

Sr Adv CS Vaidyanathan appears for music academy

Read 13 tweets

Bar and Bench

@barandbench

Dec 13, 2024

Pushpa 2 hero Allu Arjun ARRESTED.

- LIVE UPDATES from Telangana High Court

- Allu Arjun is being represented by G Ashok Reddy

- Justice Juvvadi Sridevi to hear the matter

Justice Sridevi to hear the matter at 4 PM

#AlluArjun #ALLUARJUNARRESTED

Actor Allu Arjun was arrested after he visited Sandhya Theatre on December 4, 2024 to watch #Pushpa2. His security staff pushed general public and commotion caused a death of 39 year old. Her husband filed an FIR holding #AlluArjun & Management responsible for her death.

Read 96 tweets

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