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Bar and Bench Profile picture
@barandbench
Sep 14, 2020 • 13 tweets • 4 min read • Read on X
Delhi HC begins hearing a PIL to recognise same-sex marriage under Hindu Marriage Act.

#samesexmarriage #homosexuality #LGBT

@Iyervval Image
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
.
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 Profile picture
Nov 29
Chief Justice of India Surya Kant will deliver the inaugural address at the O.P. Jindal Global University’s international convention on judicial independence today marking the launch of IMAANDAAR (Moot academy) and a discussion on the Kesavananda Bharati verdict with AG R. Venkataramani, SG Tushar Mehta and a host of other Supreme Court judges #SupremeCourtImage
Supreme Court Justices PS Narasimha, PK Mishra, Aravind Kumar and Solicitor General Tushar Mehta at the event #SupremeCourt Image
Justice Sanjay Karol and Senior Advocate Sidharth Luthra arrive #SupremeCourt @Luthra_Sidharth Image
Read 32 tweets
Bar and Bench Profile picture
Nov 28
Supreme Court hears plea concerning OBC reservation for Maharashtra polls

Sr Adv Indira Jaising: We dispute the Banthia commission report because the motive was to reduce the OBC count and only surnames were taken into account.

CJI Surya Kant: We have today a bench mark .. the Banthia commission. We have also not read it but may have to look at critically nowImage
Jaising: The contempt is disguised way to seek review.

CJI: here order is construed or misconstrued is the contention.
CJI: We will hear this matter in 3 judge benches combination by second week of January

Sr Adv Vikas Singh: then let there be no elections till then
Read 7 tweets
Bar and Bench Profile picture
Nov 27
Supreme Court hears the Ranveer Allahabadia case:

Adv Prashant Bhushan: I appear for a disabled professor. This is a very important issue on free speech and how such stakeholders need to be taken into confidence while having consultations

SG Tushar Mehta: Right now we are not dealing with obscenity. But with perversity. Something needs to be done on user generated content. One can have his own @YouTube channel and....we cannot do everything and anything under the garb of free expression

CJI Surya Kant: It is strange that I create my own channel and keep doing things without being accountable. Yes free speech has to be protected ..suppose there is a program with adult content.. there can be warning in advance with parental control.Image
AG R Venkataramani: Ministry of Information and Broadcasting is proposing to have a meeting. They will do everything possible to have a public consultation

CJI: if some provisions need to be incorporated or something needs amendment

SG: yea being considered. I had a word with the minister.
Indian Broadcast and Digital Foundation counsel: Age classification and warnings are in place. There are Digital Media Ethics Code. This code is subjudice.. it was challenged before various HCs and union filed a transfer and it was transferred to Delhi HC and it is to be heard on January 8. This concerns content it Netflix etc. There are 27 petitions. There are Broadcast complaint commission headed by Justice Gita Mittal. Here the category is different. Here comments were made in a user generated content. Ministry has filed a note saying UGC guidelines they are thinking about.

CJI: what is the single instance of penalty or action ? Self styled bodies will not help..some autonomous bodies are free from the influence from those who are exploit all of this and the state also... as a regulatory measure.
Read 23 tweets
Bar and Bench Profile picture
Nov 26
Supreme Court to hear petitions challenging SIR in Bihar, Tamil Nadu, Kerala, West Bengal and Puducherry
#SIR #SupremeCourt Image
CJI Kant: Tamil Nadu SIR matter will be on Monday. Kerala SIR issue is for deferment of SIR since local body elections are on

Sr Adv Rakesh Dwivedi: Plea was first before Madras HC. State election commission had said they are not facing any issues. ECI and SEC are coordinating. 99 percent voters have got forms, more than 50 percent are digitised.

CJI Kant: File separate status report for Kerala SIR.
Sr Adv Raju Ramachandran: Tamil Nadu issue is important. Cut off date is December 4.

Sr Adv Rakesh Dwivedi: Have it on 5th November.

Sr Adv Ramamchandran: This is too late.
Read 25 tweets
Bar and Bench Profile picture
Nov 23
CJI BR Gavai speaks a day before he demits office as 52nd Chief Justice of India

Q: Post retirement?

CJI: I have made it clear that I will not accept any post retirement opportunity. I will like to work for tribals. I will be in Delhi only primarily. Image
Transfers controversy?

CJI: We only made transfers when it was needed or guidance of senior judges were needed in that High Court. Some transfers were because of complaints were received but they were processed only after verification from the consultee judges.
Social media uproar?

CJI: What you don't say in court is put in your mouth. Some AI clip shows that the shoe missed Justice Vinod Chandran and touches me. Technology has advantages and disadvantages.
Read 18 tweets
Bar and Bench Profile picture
Nov 21
Supreme Court to resume hearing pleas by Umar Khalid, Sharjeel Imam, and other accused seeking bail in the 2020 Delhi riots conspiracy case.

Bench: Justices Aravind Kumar and NV Anjaria

#SupremeCourt #UmarKhalid Image
Hearing begins
ASG SV Raju for Delhi Police: 53 people killed, more than 530 injured, there was a lot of violence. Petrol bombs were used, stones were pelted, sticks, acid like chemicals were used. Stones were pelted on a small contingent of policemen.
Read 27 tweets

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