Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY 8
Sibal: If you look at the quintessential marriage- heterosexual couples- why has it stood the test of time? Because it has acceptance on all three levels.
Sibal: Who is to investigate that? This is the problem, the issue. Who is to look at that? There we need the aid of all kinds of data, opinions, debates.
Sibal: Acceptance is also at three levels- first by individuals, then by the family, and then by the society.
CJI DY Chandrachud: We've seen judgments. We'll require assistance on intellectual level now.
Matter to resume post lunch.
Sibal: I agree, it's also about Art 14, whether it is discriminatory. But if you find it discriminatory, where do you go from there?
CJI DY Chandrachud: We're not really confined to the SMA in deciding the broader constitutional issues. So when we locate the institution of marriage, we're not confined to SMA.
Sibal: At the moment they're saying that under the SMA, rights given to heterosexuals should be given to us. That is what they're asking.
CJI DY Chandrachud: According to you, if court was invited to give a declaration of recognition, that would amount an imposition on others.
Sibal: Yes, that's the core issue.
Sibal: The moment you say that you must recognise it- that's the problem. You may find it in 21, 14, may not find it in constitution - it is your right to be and live however
Sibal: We're not talking about sexual orientation here. We're talking about a sexual union which we're trying to give that a name. They may consider that this is my marriage. Who can stop that? Nobody.