Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY-9
Shamshad: If someone goes to Hajj committee and says i have a constitutionally declared right to remain as a union and I wanna go on a Hajj as a married couple- these are problems faced by even statutory bodies.
Shamshad: As far as declaration is concerned, I completely adopt the arguments of Mr Dwivedi and the Learned SG. If you declare this right- within the realm of personal laws, that relationship may not be recognised.
Shamshad: Even reading of SMA takes us through customs - Sections 19-21 if we read it together, it takes us to Hindu Succession Act and they're uncodified customs.
Shamshad: In S 3 of Muslim Women Protection of Divorce, 1966, there are practices of Muslims which are recognised. 1939 act of dissolution act sets out grounds for divorce but it says that other grounds acknowledged in Muslim personal laws...
Shamshad: Even in a statutory regimes, undefined customs and practices have been made part of the statutes.
Adv MR Shamshad: As far as matrimonial legislations are concerned, even in those legislations, there is scope for customs, practices- which have been practiced for long.
Deepak: These issues have to be addressed first before we take the next step. That's all I have to say, thank you.
Deepak: There are other issues to be dealt with. Having engaged with transgender activists and having worked with them, I know that one of the biggest problems is trafficking- them being pushed into prostituition, not having livelihoods.
Deepak: Yogyakarta Principles specifically leaves it to countries to decide if they wish to have recognition in respect of marital relations.
Deepak: In Hindu law the object of dampatiya is procreation. The question on what happens to a single homosexual parent: when normative attitudes are sought to be represented, those who represent normative attitude cannot be circumvented by resorting to judicial intervention.