Grover: There is evidence, that persons from marginalized groups continue to approach courts to get married under the SMA.
Grover: There seems to be an assumption that families would necessarily be supported. But primary source of violence is the natal family.
Grover: My petitions cover broadly two groups - queer activists, and couples in relationships involving Trans persons and cis heterosexual persons. My particular petition is about marriage and relational equality.
Advocate Saurabh Kirpal concludes his arguments.
Kirpal: There's also gay brain drain caused because of this. The best minds all leave the country to secure their freedom outside the country.
Kirpal: If non heterosexual are prevented from marrying, what happens? In our society, lavender marriages would occur. Two lives would be ruined. There's nothing more detrimental than a gay man marrying and cheating a lady that way.
Kirpal: In Hindu Law, marriage is sacrosant. Then by the logic of the other side, divorce should also not be permitted to strengthen marriage.
Kirpal: The argument is basically that we will leave you to the mercy of the parliament. But the parliament has shown us in the last 75 years that when it comes to the LGBTQIA community, they will not act.
Kirpal: Coming to nitty gritty v recognition of rights. Having found a right, you cannot say that legislative drafts do not allow it. Effectively saying, you have the right to marry but it is not workable.
Kirpal: We are not indulging in interpretive exercise to understand what lawmakers in 1954 thought.