Senior Advocate Menaka Guruswamy has commenced her arguments.
Hearing resumes.
The bench has risen for lunch.
Kothari: I want to end with a reference from Navtej. Our arguments are for marriage rights for all. This was reiterated in Navtej by my lords.
Sr Adv Jayna Kothari provides with a proposed gender neutral reading of the Special Marriage Act.
Kothari: The special marriage act, and the manner in which it is construed presently, by focusing only on men and women denies transgender persons the right to marry and have a family solely on basis of their gender identity. That amounts to a 15(1) discrimination on basis of sex
Kothari refers to international cases and treaties.
Kothari: Is a family different just because your gender identity is different? Are these not the same values that all of us want at the end of the day? Therefore, I argue that this should fall under Article 21.
Kothari: The Delhi HC in a 2021 judgement - in a case of heterosexual couple who didn't want children held- that this would come under Article 21.
Kothari: Transpersons are already having families - they're in relationships, adopting children but these families are not being recognised.