Justice Kaul: Dr Singhvi, please notice this is without prejudice to everyone's contentions. Even if the court was inclined to give a status of marriage, there will be many changes required in administrative and legislative aspects.
Justice Kaul: They are reluctant to give status of marriage but they're not reluctant to sort out the problems arising from gay companionship without elevating it to marriage.
Guruswamy: For something as simple as pension, provident fund, gratuity, benefits - that accrues only in a marriage. It doesn't accrue to a caregiver.
CJI DY Chandrachud: That exists in a marriage because that's the nature of our rules. If that exactly is something the government has to consider..
SG: Suppose the government says that nomination in PF is family member or anyone else, then you don't need to go into anything else
SG: If two old men are living together...
Sr Adv Menaka Guruswamy: Rights is a proactive positive enactment that the law recognises. There is a distinction here. So, an old man being taken care of by a caregiver misses the point.
CJI DY Chandrachud: From the drift of the submissions made by SG last time, it appears that the SG also accepts that people do have a right to cohabit and that right is an accepted social reality.
CJI DY Chandrachud: Based on that, there may be certain incidents of that cohabitation- bank accounts, insurance policies - these are practical issues which can be resolved by the government.
SG Mehta: Whichever mode, method, and manner in which the problem can be addressed, we'll do.SG Mehta: Whichever mode, method, and manner in which the problem can be addressed, we'll do.
Singhvi: Whatever is given by administrative tweaking is certainly welcome. But it may not be a substitute.
SG Mehta: Suppose there is a change of law needed, then we will have to examine if that can be done.SG Mehta: Suppose there is a change of law needed, then we will have to examine if that can be done.
Singhvi: Personally I don't think your lordships will have any major solution. Having seen the gamit of problems, it is better that your lordships spend so much time to get to a solution. This can be in addition though.
Singhvi: Meeting is not the problem. Even suggestions aren't the problem. I heard my learned friends say "administrative". There are very substantive issues of law. This at the best is administrative tweaking. Legal tweaking is another thing.
SG Mehta: Only difficulty would be, we the lawyers would not have ready solutions.
CJI DY Chandrachud: I understand.
CJI DY Chandrachud: Mr Solicitor, a valuable suggestion from my learned brother- what we could do is if the Attorney, you, Mr Dwivedi, Mr Datar etc, who are appearing on this side could have a meeting with counsels on other side maybe on Friday/Saturday.
CJI DY Chandrachud: They have the weekend because after today we go to Tuesday. So in the meantime they can give the Attorney ideas and suggestions you have. This is without prejudice to your rights in rejoinder.
SG Mehta: It won't be used as pleadings or anything.