Thread by @barandbench

[Same Sex Marriage Hearing] DAY 10

#SupremeCourtofIndia to resume hearing a batch of 20 petitions seeking to legalise same sex marriage

5-judge Constitution bench to begin hearing today post 12 pm

Track this thread for live updates👇 #samesexmarriage #LGBTQI #gayrights

DAY 1: Notions of man, woman, genitals do not define gender in absolute sense, Supreme Court says
rb.gy/jdv58

DAY 2: Argument that children of same-sex married couple will be impacted incorrect; gay, lesbian persons can already adopt individually: Supreme Court… twitter.com/i/web/status/1…

Bench assembles.

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

CJI: Since last evening, we are getting an incessant flow of material.. in rejoinder. Justice Bhat called it an electronic dump...

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv Singhvi: For a matter like this, there are angularities which the court has in the past surmounted.

Almost one third of my submission is, notice and objections.

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Sr Adv Singhvi: Me, on this side, am challenging only the exclusionary provisions.. those that discriminate against me on the basis of ascriptive characteristics.

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv Singhvi: My anchors are two fold, the underlying thrust of the SMA and the fundamental rights in the Constitution.

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv Singhvi: The direction in Navtej.. have they been complied with? Your Lordships required something very minor. Has that happened?

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv Singhvi: i may be guilty of slight exaggeration is doctrine of separation is nothing but equal.

CJI: Thank you Dr Singhvi

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv Raju Ramachandran: lack of recognition leads to denial of equal protection of laws

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv Ramachandran: triple talaq was something which shocked the conscience ...

CJI: court cannot give a declaration on the anticipation of how parliament will react

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Ramachandran: please walk the full mile and not stop at constitutional declaration...

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv Ramachandran: it has been argued that marriage has always been viewed by society as a man and woman union and that cannot be touched with ... this is violative of the equality principle.. this is discriminatory.. then for my client who is a dalit and obc girl..for them… twitter.com/i/web/status/1…

Sr Adv KV Viswanathan: i am on the will of the people... will of the people is already reflected in the constitution..

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Justice Bhat: we cannot direct legislation, we cannot enter into law making or policy making.. what short of that can we do is the question..

Sr Adv KV Viswanathan: even under inclusion is not an answer.

#SupremeCourt #SupremeCourtofIndia #SameSexMarriage

Sr Adv KV Viswanathan: being LGBTQIA is an innate trait

CJI: Do we have an interpretative space left in SMA..merely striking down an under inclusive classification also does not serve the purpose..

Sr Adv KV Viswanathan: Sri Lanka also upheld

CJI: yes they cited Navtej… twitter.com/i/web/status/1…

Sr Adv Geeta Luthra: here I am on the foreign marriage act.. so when you are married in a foreign land but become strangers when in India is not correct .. #samesexmarriage

Sr Adv Anand Grover: what is different about LGBTQIA.. sexual acts are same...special marriage can be a conduit unless parliament enacts a law.. I do not agree with mr rohatgi or agree with the registration solution

#samesexmarriage

Sr Adv Jayna Kothari: NALSA grants the transgenders the right to marry. we seek an interpretation which is purposive #samesexmarriage

Sr Adv Menaka Guruswamy: I have attached multiple constitutional court verdicts which grant same sex couple right to adopt...there are over 50 countries in the world which allows same sex couple to adopt.. this more than countries which allows same sex marriage.. studies note… twitter.com/i/web/status/1…

Sr Adv Saurabh Kirpal: the case started to be equal citizens and marriage is a vehicle to adopt this right..SMA will not unworkable for heterosexual couples.. and will become slightly unworkable for us.. slight is better than nothing.. #samesexmarriage

Adv Vrinda Grover: after NALSA and transgender act.. different HCs have made it workable. these are high risk criteria of individuals and non grant of rights or a declaration will increase causes of violence..

#samesexmarriage

Adv Karuna Nundy: for Parsi marriage law ..at that time it was being looked at was from common law source.. marriage between Parsis was regulated under the christian law...

Justice Bhat: their advent predated the europeans and advent of the Britishers only led to the… twitter.com/i/web/status/1…

Nundy: allow me to consecrate my love.. don't reduce me to a singular distinct identity.. let me also bring the constitution to my home. #samesexmarriage

Adv Arundhati Katju: issues how to deal with specific statutes should be left to the concerned courts to deal with

CJI DY Chandrachud: we reserve judgment. thank you #SAMEsexmarriage #SupremeCourtofIndia