Supreme Court Same-Sex Marriage: Arguments end for today, will continue tomorrow

Same-Sex Marriage in India, Supreme Court Hearing Live Updates: The Supreme Court today heard arguments on a batch of pleas seeking legal recognition for same-sex marriage. During the hearing, Senior Advocate Mukul Rohatgi argued that the test of popular acceptance is not enough to deny one community’s fundamental rights. “What about the stigma going on? That can only be removed by a constitutional declaration.” He added, “Discrimination on the basis of sexual orientation is deeply offensive to the dignity and self worth of an individual.”

Earlier, Chief Justice of India (CJI) DY Chandrachud stated that the mandatory 30-day notice of a couple’s intention to marry under the Special Marriage Act is “unconstitutional”. “Even in a heterosexual marriage, that you have to give notice and have people object to whether there should be a marriage or not is unconstitutional,” he said.

In separate remarks, the CJI also noted that the notion of a biological woman or man isn’t “absolute” and “it’s not just a question of what your genitals are.” He was responding to Solicitor General Tushar Mehta, appearing for the Government, who stated, “Societal acceptance of any relationship is never dependent on either the legislation or judgement. The legislative intent of the legislature throughout has been a relationship between a biological man and a biological female.” Mehta has also argued whether the judiciary is the right forum to create new socio-legal rights through marriage.