Kirpal: Atleast Section 4 recognition of marriage has to be given. What rights follow from that, when, how- those modalities...
SG Mehta: That is legislative.
Kirpal: Why should we be second class citizens?
Kirpal: In all the multiple meetings we have, de hors some academic discussions of people who say no it's a heteronormative institution, it's not necessary...the vast majority of the young people all said we want to get married.
Sr Adv Saurabh Kirpal: When one goes out and meets 99% of the people come up to you, they all say only one thing- to get married. The consensus within the community, that they wish to have marriage.
Guruswamy: Yes
Justice Bhat: So is it advisable, prudent, if you're going to get this to continue with that larger push?
Justice Bhat: Dr Guruswamy and Mr Kirpal, all of you, in different ways said that this could be a part of series. Look at it from reverse- if this results in a gain, maybe not as substantial as you visualised, it could be a building block.
CJI DY Chandrachud: Your fundamental point is that there is a right to marry, that it can be sourced in SMA. Therefore, ofcourse we'll have to decide it but to the extent which the government takes the first step forward, there will be a substantive benefit.
CJI DY Chandrachud: When we go to the conceptual domain, we can't be oblivious to the fact that to the extent to which the conceptual domain requires legislative changes, that part clearly lies outside. To what extent can the court formulate conceptual doctrines?
Singhvi: We are happy to divide it and if everyone eats the low hanging fruit, we'll all co-operate.
Justice Kaul: Therefore, what is the suggestion from the bench is that the nittigritties of what may be done, some endeavour or step is taken in that direction. So let us accept without pre-notions.