Same Sex Marriage / Marriage Equality- Supreme Court Hearing-LIVE UPDATES
Nundy: Marriage and divorce was regulated in Parsis by English or Christian law.
Nundy: The Parsi marriage laws were a creature of common law prior to their codification. There is no religious source...
Nundy: "To the extent" under S 15 presupposes validity under law.
Adv Karuna Nundy: Three propositions - chapter 3 of SMA (S 15-18) require registration of marriages. These are gender neutral and may come to our aid being read into SMA.
Grover: After NALSA, different HCs made it workable. Non grant of rights will increase violence.
Adv Vrinda Grover: My prayers relate to SMA. I will only add one strand to that- ratio of Dharani, statutes must be treated as always speaking.
Kirpal: There is reason why no case has been cited before the court where the word unworkability has been used as a defence to Constitutional examination. Because it's not a barrier.
Kirpal: There is reason why no case has been cited before the court where the word unworkability has been used as a defence to Constitutional examination. Because it's not a barrier.
Kirpal: Future parliaments will become very clever and say that why should I bother amending constitution to save a legislation, I will just make it so complicated that striking it down becomes unworkable and therefore it has a constitutional protection.
Kirpal: SMA will not become unworkable for heterosexuals. There are aspects which may become unworkable. But slightly unworkable is better than nothing. And nothing is what we had.