Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY-9
ASG Bhati: This method of naturally born from heterosexual couples bring them up is the ideal mode and the law has provided for children who do not have that...
Justice Bhat: Likewise you can be adopted children of just the male... it's an evolving scene. What is central to this and what remains unchanged is the welfare of child.
Justice Kohli: Forget about the gender part. There are situations where there is just one father.
Justice Bhat: We've gone beyond motherhood and gone into parenthood. There are single parents too. There is death at child birth, accident.
ASG Bhati: Even mother of the child has been strongly protected not just in the Constitution but also the JJ Act, the Maternity Benefits act. Gender may be fluid but the idea of mother cannot be.
ASG Bhati: The entire architecture of legislations with regards to child- it's the child alone who has the rights. Please see the Juvenile Justice Act.
ASG Bhati (reads from an article): "It is not just the presence of two parents, but the presence of two biological parents that seem to support child development." This is a Pennsylvania Uni professor.
ASG Bhati: Fathers and mothers both play complimentary roles in upbringing of child. State is justified in treating homosexual and heterosexual unions differently for that purpose.
ASG Bhati: The fundamental point is that a child can only be naturally born through a heterosexual couple. Therefore, the special significance of recognition of heterosexual marriages cannot be understated.
ASG Bhati: The entire architecture of these laws is from perspective of welfare of child being paramount.
ASG Bhati: Child has a right to be born and raised by biological parents.