Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY-9

Thomas: There is a sense of fulfilling a sexual responsibility in marriage. If that responsibility cannot be fulfilled, marriage fails.

Adv Som Thomas: Marriage is a biological institution before it is a social institution. Indian law is substantive in its coverage. Many jurisdictions that have legalised it are procedural.

Agarwal: In a parent-teaching meeting, how will a child react to some one having same sex parents?

CJI DY Chandrachud: So social acceptability. It has been covered.

Agarwal: Thank you.

Agarwal: There are still questions to be resolved to lay the foundation of modern society especially in schools where children aren't aware of what same sex marriage is.

Adv Sanjeevni Agarwal: Under A 21 right to marry is a universal right but it is not a fundamental right. India is a nation still fighting for basic girl child rights.

Adv Atulesh Kumar: Even though you're not considering the personal laws, SMA is not in isolation. 

Patra: What will happen is you'll have contempt notice coming up. I close my arguments here.

Patra: In Navtej, you have a declaration as a fundamental right, taken up. In Vishakha, it went into a law. In Shayara Bano, a law. In this case, because the parliament hasn't dealt with it, we may have a declaration, but the parliament won't make a law.

Patra: My final point is the impact on public policy due to legislative actions. Let's assume we have a declaration - how do we execute it?

Patra: Role of polity is second. We may talk about it as a social construct but unless you flesh it out by role of polity, it will not be fruitful.