A Five Judge Constitution Bench of the Supreme Court headed by CJI DY Chandrachud will continue the hearing on a batch of petitions on same sex marriage/marriage equality.Follow the Live Updates...
Live Updates
2023-05-10 04:44:30
10 May 2023 2:38 PM IST
SG Mehta: Imagine a situation where your lordships declare the law. Your lordships will not be declaring the contours of regulations. Suppose someone goes to a priest for performing a ritual.
10 May 2023 2:38 PM IST
SG Mehta: One pastor refused to perform ceremony of marriage. He was sought to be prosecuted. They had to come out with a law for pastor's Protection.
10 May 2023 2:38 PM IST
SG Mehta: Your lordships may be aware of that Baker's case where the baker refused to bake a cake for a same sex couple, he was prosecuted. Similar thing happened after the judgement of American court.
10 May 2023 2:37 PM IST
SG Mehta: Any declaration would bind every individual in the country who is not before your lordships. In case of a law, every individual is represented by his chosen representative.
10 May 2023 2:36 PM IST
SG Mehta: Your lordships declaration would be within the meaning of law, binding the whole nation.
10 May 2023 2:36 PM IST
Adv Anson Thomas(intervenor): Chief justice of India should recuse from hearing this matter.
CJI DY Chandrachud: Application rejected.
SG Mehta: Since he has made the submission, I officially object to this submission.
10 May 2023 2:32 PM IST
Intervenors make their submissions.
10 May 2023 2:32 PM IST
Adv Shashank Jha: Marriage is not private, it's a social affair. Same sex marriage is expected in heterosexual society. But law, the heterosexual law is not competent. So you'd need new laws.
CJI DY Chandrachud: Okay, got it.
10 May 2023 2:27 PM IST
Thomas: In my corporate career, between the period of Naz and Kaushal, my company itself allowed employees to declare a partner for insurance. These are doable things without getting into aspect of marriage.
10 May 2023 2:27 PM IST
Thomas: There is no cause for the government to give privilege to relationships that claim to be in varied colours including multi partner relationships.
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