Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY 8

Dwivedi: That right to marriage which was existing as a part of social institution will be included in the right to associate in a particular manner.

Dwivedi: This institution of marriage has evolved as a result of society's evolution over time.

Justice Kohli: Even prior to the constitution, there were customs, ceremonies, and all of it. Once the constitution came in...

Dwivedi: Constitution only gives a fundamental right to form relations, association, under 19(1)(c). What we call marriage association resulted in a social institution. 

Dwivedi: These changes have been brought by the legislature.

Justice Kohli: Keeping that legislation aside, would you say that right to marry is based and founded in the Constitution?

Justice Bhat: Taking the argument forward- custom, culture, religion - rewind that 50 years ago- inter caste marriages were not permitted. Go back further- sapinda marriage was not permitted. The context of marriage has changed.

CJI DY Chandrachud: So you concede the fact that there is a right to marry under the constitution but that is confined to heterosexuals?

Dwivedi: Heterosexual people have the right to marry as per their personal law, custom, religion. That has been continuous - that is the foundation of their right.

Justice Bhat: With all this, does a person have a right to marry? Granted it is not unqualified. Right to freedom, privacy, even life is not an unqualified life. What is the right to marry? Is there a right?

Justice Ravindra Bhat: We have placed the individual at that highest pinnacle and we have gone ahead and carved out so many rights- right of person, choice, privacy, autonomy, dignity- which is part of preamble.

CJI DY Chandrachud: Does anyone have a fundamental right to marry? Forget the issue of same sex. Does anyone have that right? Or as per your submissions, is there no fundamental right to marry?