CJI DY Chandrachud : Queerness can be regardless of one's caste or class or socio-economic status.
CJI DY Chandrachud : All those who live in cities can't be termed as elite.
CJI DY Chandrachud : To image that queer people exist only in urban and elite spaces is to erase them.
CJI DY Chandrachud : Homosexuality or queerness is not an urban concept or restricted to the upper classes of the society.
CJI : It is not an English speaking man with a white collar man who can claim to be queer but equally a woman working in an agricultural job in a village.
CJI DY Chandrachud : Queerness is not urban elite.
CJI DY Chandrachud : The Constitution demands this Court protects the fundamental rights of citizens. Doctrine of separation of powers does not come in the way of this Court issuing directions for the protection of fundamental rights.
CJI DY Chandrachud : The Union of India suggested that this Court will violate the doctrine of separation of powers if it determines the list. But the doctrine of separation of powers does not bar the power of judicial review.
CJI DY Chandrachud : I have dealt with the issue of judicial review and separation of powers. Doctrine of separation of powers means that each of the three organs of state perform distinct functions. No branch can function any others' function.
CJI DY Chandrachud : There are 4 judgments. There is judgment by me, Justice Kaul, Justice Bhat and Justice Narasimha. There is a degree of agreement and a degree of disagreement on how far we have to go.
Bench assembles.