Same Sex Marriage- Supreme Court Constitution Bench Hearing- DAY-3 LIVE UPDATES
Ramachandran: In this context, it is important to state who I am representing. Petitioner 1- Kajal, is a Dalit woman from a town in Punjab. Her partner, Petitioner 2- Bhavna, is an OBC from Bahadurgarh, Haryana.
Sr Adv Raju Ramachandran: Way back in 1956, the iconic Justice Vivian Bose said - "The constitution also exists for the common man, for the poor and the humble, for those who have businesses, for the butcher, the baker & the candlemaker."
The bench has risen for lunch.
While concluding his submissions, Dr Singhvi refers to Oscar Wilde.
Singhvi: He was a homosexual in that era, he was imprisoned for it. He put this- “And alien tears will fill for him pity's long broken urn. For his mourners will all be outcast men, and outcasts always mourn.”
Singhvi: Personal laws don't have it. It's the only act which has notice and objection. It directly hits Art 14.
Singhvi: This is not to be struck down only for same sex couples but it should be struck down per se- for heterosexuals and non heterosexuals.
Singhvi: The other aspect it hits is choice- individual decisional autonomy, privacy, individual dignity. These are constitutional core values.
CJI DY Chandrachud: You're virtually laying them open to invasion by society!
Justice Bhat: It was created at a time when women didn't have agency.
Singhvi: This is an invitation to disaster and violence.
CJI DY Chandrachud: And the object was to protect!
Singhvi: What are you serving by this? I'll tell you what you're serving in actual practice even in heterosexual marriages. It is serving patriarchy.