Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY 8
Sibal: The moment you cross the boundaries, the contours of privacy- you come in public sphere. Then societal responses, discussions etc come. You don't get absolute rights then.
Sibal: In 1955, when law was enacted, parliament knew and chose not to declare. That is the proof of legislative intent. Both historically and through legislative intent, they don't belong in the same class.
Sibal: I heard someone say in the Oxford Union that we are a "vote bank". Tomorrow the politicians will have to run after us because we too have votes. This is the dynamic of society. You have to allow it to play out.
Sibal: This process first needs recognition, then evaluation, and then legislation.
Sibal: I'll show you- what is being happening in Europe and developed world over the years. There has been a break up, an atomisation of families. Because of that problems have taken place- divorces etc.
Sibal: When you refer to "person" under S 4 of SMA, you're referring to an unmarried person. So that's why you can't call them spouse.
Sibal: The text, purpose of SMA is only for heterosexual marriages. The court cannot misinterpret the statute.
Sibal: Foreign judgements qua same sex marriages are delivered in the context of socio-cultural environment of the relevant country and in specific factual context. Therefore they cannot influence decision making process in India.
Sibal: Under 21, there may exist a right to choose their partners. However, there is no fundamental right of legal recognition of such relationships.
Sibal: The essence of the petitioners claim now is that the state must change its definition of marriage.