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[Pleas seeking recognition of same-sex marriage]
#SupremeCourt Constitution Bench led by #cjidychandrachud to hear case shortly.
#samesexmarriage
#LGBTQ
#SupremeCourtofIndia

The bench also comprising Justices SK Kaul, S. Ravindra Bhat, Hima Kohli and PS Narasimha assembles.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Sr Adv Kapil Sibal suggest before Court that states should also be heard.
CJI: Let's hear the opening for about 15 minutes, then we can decide.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG Tushar Mehta: In the absence of states not being joined, the petition would not be maintainable. Also, the preliminary question is if this court can at all go into this issue, if this would be solely under parliament's domain.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

CJI: The nature of your preliminary objection will depend on the canvas which they open up. And is this objection a response to the merit...
SG: No, not at all..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

CJI: Once we hear them, we can know what we want to go into..
Sibal: There are also issues of personal laws, adoption, succession etc..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG: Can I complete my request, my preliminary objections are not my objections on merits, this is only on suitable forum, constitutionally permissible... I will not raise any objections on the merits of the case, while arguing on preliminary objections
#LGBTQ #SupremeCourtofIndia

CJI: Let us hear them for 15 minutes..
SG: Let me then make a submission.. I will have to take instructions then
CJI: Don't tell us how to take up a case..
Justice Kaul: Are you saying that you will not participate? Because this is a very important subject..
#SupremeCourtofIndia

Senior Advocate Mukul Rohatgi makes submissions.
Rohatgi: There is no question of violation, I have a right to file under 32, your lordship can deal with it..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG: I should not be that I did not bring this to the Court's attention, under Special Marriage Act, each states have different rules..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: We are persons of the same sex, who have exactly the same rights as our brethren in the society. The only stumbling block was Section 377, if our rights are identical as held by the state, then we want to enjoy them all, to lead a dignified life...
#samesexmarriage

Rohatgi: That is why we cherish and desire marriage and family, which is respected in our society, once our rights are identical, we seek a declaration that we have a right to get married, that right be recognised by the state and be registrable under Special Marriage Act.

Rohatgi: That stigma will only go away, once this court recognises it..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

CJI: This declaration that you ask for, what is the next step, what does the SMA say, is it recognizable under the Act?
Rohatgi: Your lordships may broadly read the word "spouse" as against "man and wife". Concept of marriage has changed over the years..
#SupremeCourtofIndia

Rohatgi: If equality, fraternity, is thread of the constitution, then we must also be included under it.. I am not touching any personal laws..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: The court need not wait for the state's interference, as clearly laid down in Navtej. Criminality inside the bedroom has been removed, but when these people go out, people point us out, say 'look at them'..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: NALSA judgment said that give them reservation, said years ago, nothing has been done... Navtej also, publicity was to be given to remove stigma.. Ministries say we will not do anything, if this is how court's word is taken
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: Constitution says secular, what is secular.. everybody is entitled in this secular society... as per the quadrangle of Articles 14, 15 19 and 21.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi refers to a definition: Government of India is also following Blacks' Law Dictionary, but they follow the version that came 50 years back..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: The petitioners are two persons who are in love, they cherish what other couples cherish.. they just want to lead a dignified life, all that we are seeking from court.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Justice Kaul: There is a difference between the right to marry and the enforceability of such right.. you can perform a ceremony, as they say, but what about the enforceability of that ceremony.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

CJI: See laws have been passed in US on this and in UK, so how without any legislation in our country, how does this court decide. Is there a legislative space where the courts can intervene..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: In Vishakha, this court laid down interim guidelines which was considered to be law.. similarly, what we are asking in the present situation is that changes be made to the existing law..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: If this court declares in our favour, and this SMA Act remains the same.. then that cannot stultify what I am seeking in 2023, as against a statute that was drafted in 1954..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Adv Maneka Guruswamy: We would like to point out that HMA is not personal law, it is statutory law..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

CJI: We will have to go into Parsi law, Buddhist law etc , also we cannot deny the legislative aspects..
Justice Kaul: One aspect is, as Rohatgi said, just look at SMA, dont get into personal law issues, only say if SMA can be interpreted to mean gender neutral..
#samesexmarriage

CJI: Other aspect is we can call it a civil union, since Navtej, our society has found greater acceptance, which is evolving and in this we are playing a dialogical role. we have to be conscious of our limitations..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Guruswamy: Marriage is a bouquet of rights, not just dignity, a person's right to open a bank account etc, I as a person cannot buy medical insurance from SCBA, I cannot nominate my partner for life insurance... that is the notion not only for society but for our life..
#LGBTQ

Justice Kaul: Even in Puttuswamy, we noted that there were many nuances to right to privacy, so if marriage is recognised, may nuances will come up, which can be taken up later, let us not touch personal laws..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Sr Adv AM Singhvi: On canvas, there are two words, marriage and persons, there are other issues which are day to day life issues...second, the point is not having to come to your lordships everyday.. there is also a range of persons.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Singhvi: There is also the issue of gender, your lordships may hold this to be between two consenting adults along the spectrum and not same sex.. this can be started with SMA
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Singhvi: My arguments are four fold, one is the issue of discrimination, other is freedom of expression,..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Justice Kaul: You are saying you don't want to touch personal laws, you only want to consider SMA.. so let us just leave that for another day.
CJI: Let us hear Mr. SG now..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG: The question is not right of equality, privacy or dignity for the LGBTQ, the question is right of conferment of social title..this come after Navtej judgment, kindly see Section 2 of SMA..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG takes court through definition of transgender as given under section 2(k)
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG: There is provision for reservation for transgender person, any deviation is protected and a discrimination is criminally punishable as per section 2(k)..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Justice Kaul: We are confining ourselves to only SMA, not going into personal laws, then states may not be heard...
SG: What if a person from Islam says I want to convert and become a Hindu, as my religion does not allow me..
SC: We are not going into it today..
#samesexmarriage

SG: Under the SMA, the marriage has always been between a biological man and woman,..
CJI: There is no absolute notion of a man, it is far beyond what your genitals are..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG: A biological man is a biological man.. also there are separate age limits prescribed.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG: We share the concerns of discrimination, dignity...
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SG: Entry 5 of Concurrent list is agnostic, its the law of marriage, its their right to legalise, or not recognize. I am reiterating that request that all states must be heard.
CJI: Ok we will discuss over it during lunch...
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Sr Adv Rakesh Dwivedi takes court through various provisions of SMA.
Dwivedi: Navtej judgment did not grant any absolute equality.. love is not core of heterosexual relationship.. same sex couples were never treated equally..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Sr Adv Kapil Sibal: What happens if the marriage between a same sex couple breaks down and they have adopted a child, what would happen to the child, who will be the father, who will get maintenance..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Sibal: I am all for same sex couples, but these ramifications are major...
SC: Who are you here for?
Sibal: I am representing Jamait.. but since court is not taking up personal law apsects, I have nothing to say.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

SC: We will come back after lunch, please tell us the logistics, we should be able to hear all parties by Thursday..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Hearing resumes.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Sr Adv Rohatgi makes submissions.
Rohatgi: I have a fundamental right to be treated equally as our brethren, I heard an argument that we are not equal, how is that possible, how can the state create two classes of individuals.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: We became equal in 1950. I will show through Puttuswamy judgment too, that discussed the #Preamble...
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: Dignity and adjunct of privacy sits under Article 21.
CJI: You are missing out on two important aspects of the preamble, which is " for all individuals".
Rohatgi: Yes, that means all the people of the society..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Justice Narasimha: Dignity is connected to individual...
Rohatgi: How can you say this is an elitist concept, we are born with it.. the affidavit says, that this is an urban elitist concept..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: How was Lord Ayyappa born? He is the union of Lord Shiva and Vishnu... The Widows remarriage Act, the parliament acted with more alacrity, but the society did not change, we still have those homes in Mathura...
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: Heterosexual majority is the only way it should be, that's their stand... that's how the society should go on..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: That stigma is still there, even after Navtej.. and that can only be removed by this court's declaration. Right of parents and elders are also to be considered.
There is that article by Vivek Katju.. people ask, how are your children, what are they doing..
#LGBTQ

Rohatgi: I will now refer to judgments.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi continues reading from judgments.
Rohatgi: Gender Identity needs to be protected as it lies at the core of a person.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: Gender identity lies at the core of right to dignity of a person, so it needs to be protected.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: The opposition argues as if we are lesser mortals, lead your life as it is, don't ask for right to marry..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: You live your life the way you want, they said in Johar, but don't come out of your house, don't ask for equal rights, or enforcement of fundamental rights.. I have a right to come to this court under Art 32, I should not be told that wait for the Parliament.
#LGBTQIA

Rohatgi: We ask for real rights, people should not look at me with disdain, they should not tell me you are "queer".. they should not say we will not be friends with you.. no steam rolling of idea fades majority over minority..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: What I am asking for, as a declaration, is my right under Article 21.. as marriage comes under dignity..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

#cjidychandrachud while hearing arguments on aspects of privacy: Mr AG, your predecessor ensured that the Aadhaar judgment was substantially delayed..
(bench laughs)
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: I am not reinventing the wheel, its all here, I am just putting it together..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: The right of choice, includes the right to marry by a same sex couple. You may live together, but no more- this cannot be said.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: As per the society, the inequality must continue, we will get married..
CJI: what you say is, privacy is not to just leave them alone to live their life.. equally we are social animals, so the society cannot deny us social relationships..
#samesexmarriage #LGBTQ

Rohatgi refers to Navtej Singh Johar judgment.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: A person has a right to choose a partner for marriage.. This is the province of this court, not the parliament, as your lordships are the protectors of fundamental rights, you should repel the argument that we must wait for the parliament to act
#samesexmarriage #LGBT

Rohatgi: Five years have gone by, no publicity to navtej judgment..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: What is the impact of us, when we are not allowed to live like heterosexual couples, live-in couples also have rights now under DV Act, even that is not given to us..
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: Decriminalizing is not good-enough, I am still perceived as person who is upto no good, unworthy of standing shoulder to shoulder with others in the heteronormative structure...
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: When you deny me the right of marriage, you deny me citizenship, you say I am not good enough like other citizens, I am told you stay in the closet or in the bedroom, because I am not as good enough as other citizens.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

Rohatgi: May I continue for half an hour tomorrow?
Bench rises for the day.
#samesexmarriage #LGBTQ #SupremeCourtofIndia

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