Sr Adv Jayna Kothari: I appear in the matter of Dr Akkai Padmashali v Union. This is the second petition by a transgender person. Our claim is for marriage equality for all, not just for same sex couples.
Grover concludes his arguments by quoting Kahlil Gibran.
Grover: They're not elitist. This notion that it is elitist is incorrect.
Grover: Finally about elitism- Large number of people run away from home. The origins of those people are from small towns. They come to the capital city where HC is and they need protection.
Grover: There has been arguments on other side that it is for parliament to legislate on this. Let us see on record - Pink list India has been observing what has been happening to LGBT rights in parliament. There has been no positive response in 5 years.
Justice Bhat: In such cases other things are taken into consideration. There may be kids. If this is not preserved, that will lead to untoward, adverse effect on the members of that family. Then you're looking into a legislature that doesn't take into account realities.
Grover: If I'm a male person, cis male, I marry a woman, cis woman. During the marriage I transition and become a woman. The law doesn't say that the marriage falls. Certain states including Kerala are encouraging people who are married, they're being financed.
Grover: Same sex relations were prevalent before the British and even scriptures record it.
Grover (reads from a judgement): "Core principles and traditions demonstrate the reason the marriage is fundamental under the constitution apply equal force to same sex couples..."
Grover: The core is not to strike down the statute.
Justice Bhat: In order to say that these are unconstitutional, first it was necessary to declare that there is a right to marry.