Same Sex Marriage- Supreme Court Constitution Bench Hearing- DAY-3 LIVE UPDATES
A constitution bench of #SupremeCourt will continue hearing the batch of petitions seeking legal recognition for queer marriage in India.Follow live updates...
A constitution bench of #SupremeCourt will continue hearing the batch of petitions seeking legal recognition for queer marriage in India.
Follow live updates here
CJI DY Chandrachud says the arguments from the petitioners' side will be closed on Monday in any case and asks the lawyers to discuss among themselves on dividing the time.
Arguments over for the day.
CJI reads out the names of lawyers to argue next - Geeta Luthra, Anand Grover, Jayna Kothari, Anitha Shenoy, Menaka Guruswamy, Saurabh Kirpal, Vrinda Grover, Karuna Nundy, Arundhati Katju, Raghav Awasthi, Shivam Singh, Namit Saxena & Manu Srinath
Vishwanathan : If the fundamental right is recognized, the legislative law has to be suitably tailored.
Vishwanathan : On the age issue, in case the Special Marriage Act is to be interpreted, the default age be kept at 18 yrs for the third gender, keeping in view of the Indian Majority Act.
Vishwanathan : All that is needed is to add husband, wife or "spouse" in Special Marriage Act. Rest will follow. They (Govt) need to tailor it.
Vishwanathan : All that is needed is to add husband, wife or "spouse" in Special Marriage Act. Rest will follow. They (Govt) need to tailor it.
Vishwanathan says that the recent Supreme Court decision in the Association of Old Settlers of Sikkim case, the device of reading into the statute was used to save certain provisions of the Income Tax Act.
CJI DY Chandrachud : Before you close, tells us your reliefs sought.
Vishwanathan : We have challenged the SMA as it does not recognise marriages other than heterosexual. Only way to save is it to equalise it, reading into the statute.
Vishwanathan's briefing counsel : A trans person has the right to marry a person of choice irrespective of gender.
Vishwanathan refers to Transgender Persons (Protection of Rights Act) 2019. Points out that Act gives rights to transgender persons and says they can't be discriminated against.