Justice Bhat: This means that society by and large was where it stood- it accepted the things as they were. Now we have progressed and decriminalized it so now there is some kind of identity. So how do you handle that?
Justice Bhat: Look at it from another angle. You've shown us the international scene. Unlike in other countries, there has been no prohibition for this marriage. In that sense, except 377, we didn't have any law.
SG Mehta: A class specific problems can be addressed and attended with a view to solve it.
CJI DY Chandrachud: The relationship of the court and the government is not really an adversarial relationship. We're pushing the government on socio economic matters. We may not have a model within us and it may not be appropriate for us to devise that model
CJI DY Chandrachud: It is possibly one of the reasons why our religion survived even foreign invasions- the profound nature of our culture. There are so many issues in which your ministries can on the administrative side find solutions. Maybe we can act as facilitators.
CJI DY Chandrachud: What happened really was from 1857 and thereafter we got the IPC, we imposed it as it were a code of British Victorian morality on a completely different culture. Our culture was extraordinarily inclusive, very broad.
CJI DY Chandrachud: What really happened?
Justice Kohli: It is a very layered culture that probably...
CJI DY Chandrachud: It is educative. Look at the profound nature of our culture.
CJI DY Chandrachud: You go to our finest temples and if you look at the architect, you will never say it is lewd. It shows the depth of our culture.
SG Mehta: This orientation has been there since time immemorial. But this movement started in 2002.
CJI DY Chandrachud: It's the other way round. It was the impact of British Victorian morality that we had to foresake much of our cultural ethos.
SG Mehta: This is more of a sociological problem- the rearing, development of a child. These are all hypothetical situations.
CJI DY Chandrachud: They're real life situations.
Justice Bhat: They're not hypothetical.