CJI : A failure to recognize such associations will result in discrimination against queer couples. The Solicitor General said that the Union will set out a committee to examine the rights which can be conferred on such couples.
CJI DY Chandrachud : The right to enter into Union includes the right to choose one's partner and the right to recognition of that union.
CJI DY Chandrachud : It is for the Parliament to decide whether a change in the regime of the Special Marriage Act is needed.
CJI DY Chandrachud : This Court must be careful to not enter into legislative domain.
CJI : Whether a change in the regime of the Special Marriage Act is for the Parliament to decide.
CJI : The Court is not equipped to undertake such an exercise of reading meaning into the statute.
CJI DY Chandrachud : If Special Marriage Act is struck down, it will take the country to pre-Indpendence era. If the Court takes the second approach and reads words into the SMA, it will be taking up the role of legislature.
CJI DY Chandrachud : If in the present batch of petitions, this Court holds that Sec 4 of Special Marriage Act is unconstitutional because of being under-inclusive, it has to either strike it down or read it down.
CJI DY Chandrachud : Withdrawal of the State from the domestic space leaves the vulnerable party unprotected. Thus all intimate activities within private space cannot be said to be beyond State's scrutiny.
CJI DY Chandrachud : Incorrect to state that marriage is a static and unchanging institution.
Reforms in marriage have been brought about by Acts of the legislature.