Same Sex Marriage- Supreme Court Constitution Bench Hearing-DAY-2- LIVE UPDATES

Justice Bhat: On the second point (concerning notice and objection under Special Marriage Act) is there a petition asking for a declaration?

Singhvi: Yes, our petition.

Singhvi: Third would be relief which your lordships will modulate or tailor or mould in whatever form your lordships want.

Sr Adv AM Singhvi: Let me begin by saying what this matter is about. It is ofcourse about the three headings, that are- the interpretation of the SMA to be interpreted as constitutionally compliant. The second head is going to be notice and objection regime of SMA.

CJI DY Chandrachud: Something which can go from the bench to the bar is that sometimes you feel that merely because you had longer time to decide a matter doesn't mean you decide it better.

Singhvi: Today it might not be possible. I wish I could have started earlier.

Sr Adv AM Singhvi: I'll have broadly three heads of submissions. I was hoping to finish by tomorrow lunch.

Justice Kaul: Your ability to put it in points should ensure it is finished today.

The bench discusses amongst itself.

Rohatgi reads provisions of the Special Marriage Act to show where gender neutral terms should be inserted.

Justice Bhat: It syncs with what you want, it suits your purpose.

Vishwanathan: The act guarantees the manifested gender.

J Bhat: There are so many spectrums- how do they get accomodated?

Sr Adv KV Vishwanathan: Section 4 guarantees them the option to choose the gender they manifest. A male will manifest as...

J Bhat: So ultimately you're going back to the social stereotype you want to avoid.