Same-Sex Marriage Hearing Live: Day 3 Proceedings End, To Resume On Monday
SC Same-Sex Marriage Hearing Live: Hello and welcome to ABP Live blog on Supreme Court's hearing on the legal validation of same-sex marriage in India. Follow this space for all latest updates
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Background
SC Same-Sex Marriage Hearing Live: Hello and welcome to ABP Live blog on Supreme Court's hearing on the legal validation of same-sex marriage in the country. A five-judge constitution bench comprising Chief Justice D Y Chandrachud and justices S K Kaul, S Ravindra Bhat, P S Narasimha and Hima Kohli is hearing the petitions which were referred to the bench for an authoritative pronouncement on March 13 by the CJI-led bench, saying it is “very seminal issue”.
The proceedings of the court will be streamed live and can be viewed on the official YouTube channel of the Supreme Court at https://www.youtube.com/@supremecourtofindia5950. The hearing can also be accessed live on Supreme Court's official website at https://main.sci.gov.in/
Speaking to ABP Live, the petitioners said this is a question of fundamental rights in the Constitution, which must be upheld even if it does not have social or majority support, because that is not the yardstick.
Petitioners Ananya Kotia and Utkarsh Saxena shared with ABP Live various issues related to the petition, including rights, societal views, and the impact the verdict will have on the LGBTQ+ community in particular and India in general.
Utkarsh Saxena, who is also one of the lawyers in the case, said: “Because this is a question of fundamental rights in the Constitution, you don't need social majority support to pass something. Even at the time of decriminalisation, if you polled the country at large, it's not necessary that everybody was on board. But that's not the yardstick, that's not the benchmark for upholding people's fundamental rights.”
One of the petitioners, a couple from Hyderabad, in their plea, said the “non-recognition of same-sex marriages is violative of the right to equality and the right to life under articles 14 and 21 of the Constitution”.
Supriyo Chakraborty and Abhay Dang, who have been together for more than 10 years, have asked the court to give legal recognition to their marriage under the Special Marriage Act. They have asked the court to extend the right to marriage to the LGBTQ+ community.
"I really want my mother to introduce Abhay as her son-in-law legally, loudly, proudly,” said Supriyo Chakraborty, talking about the reasons that pushed him to file the petition, hoping it will pave the way for a new set of rights for the queer community in the country.
Ahead of the hearing, Supriyo spoke to ABP Live to discuss why all Indians should care about this case.
“Everybody should think about it,” Supriyo said, adding that one does not have to be queer to be interested in the matter. “It’s a question about humanity here.”
Day 3 Hearing Ends, Proceedings To Resume On Monday
Hearing to resume on Monday. Mondays, which are usually miscellaneous days, will now have the constitution bench hearing.
LGBT People Adept At Raising Kids: Petitioners
Advocate Vishwanathan says: "Gay, lesbian, LGBTQIA people are adept at raising children compared to heterosexual couples."
No Encroachment Of Legislative Space: Petitioners
Sr Advocate KV Vishwanathan, appearing for the petitioners says, "Here the prayer is to make the law being struck down... the court is reading it down to save the statute. So, here there is no encroachment of the legislative space. This will ensure we are not looked at as anathema to the society." (Bar & Bench)
Same-Sex Marriage Hearing Live: Dr Singhvi refers to Oscar Wilde
While concluding his submissions, Dr. Singhvi referred to Oscar Wilde.
"He was a homosexual in that era, he was imprisoned for it. He put this- “And alien tears will fill for him pity's long broken urn. For his mourners will all be outcast men and outcasts always mourn,” he said, as per Live Law.
Same-Sex Marriage Hearing Live: By decriminalising homosexuality, we've recognised that people of same sex can be in stable relationships: CJI
"In last 69 years, our law has really evolved. When you decriminalise homosexuality, you also realise that these are not one-off relationships, these are also stable relationships. And by decriminalising homosexuality, we have not just recognised treating relationships between consenting adults of the same gender but we've also recognised that people who are of same sex would even be in stable relationships," CJI Chandrachud said, as quoted by Live Law during the Day 3 hearing on allowing Same-Sex Marriage.
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