A constitution bench of Supreme Court will continue hearing batch of petitions seeking legal recognition for same-sex marriage in India.On the first day of the hearings in the batch of petitions seeking legal recognition for same-sex marriage in India, the primary arguments raised before the Constitution bench of the Supreme Court pertained to marriage being a way to help assimilate...
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2023-04-19 04:47:53
19 April 2023 3:32 PM IST
Singhvi: Freedom of expression includes the freedom or the right to express one's gender identity in all its manifestations.
19 April 2023 3:26 PM IST
Singhvi: Hierarchy, which is a sub classification, your lordship will not allow under Article 14.
19 April 2023 3:25 PM IST
Singhvi: Your lordship is allowing the creation of hierarchy between different conceptions of the family- involving unions between some kinds of persons more equal than others to have unions.
19 April 2023 3:22 PM IST
Singhvi: Text evolves over time, even intent evolves over time. Your lordship is looking not to strike down anything but to make it constitutionally compliant.
19 April 2023 3:22 PM IST
Singhvi: It is wrong to think that text of the statute is a limitation. It is wrong to think that even intent is a limitation. With evolving dynamics of time and society, the two tests are to make it treaty compliant...
19 April 2023 3:14 PM IST
Singhvi: You can't trump equality principles by reference to societal values. If I'm here on exclusion, based on discrimination, then assuming- I'm not at all accepting that societal values make it outside, but if they were, they cannot trump non discriminatory principles.
19 April 2023 3:08 PM IST
Singhvi: What they're saying is- since I the government of India have defined marriage as a marriage between man and woman, you're in the wrong.
19 April 2023 3:07 PM IST
Singhvi: Third reason that it will impact personal law which your lordships have put on a side. Fourth reason is "self referrential or self validating statements".
19 April 2023 3:07 PM IST
Singhvi: Yes! Second, broadly see what the government is saying. Stand one- cultural ethos. Stand two, which I'm very strongly supporting, marriage is a vital institution.
19 April 2023 3:07 PM IST
CJI DY Chandrachud: So you're saying that the SMA was intended to be agnostic to faith. So by reading it as agnostic to sexual orientation, you are not making a leap of faith.
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