Justice Kaul: We're not getting into the personal laws.
SG Mehta: That's not the point. Somebody who is not Hindu can come here and say why did you not give me the same treatment, I want to be Hindu, I want to marry under HMA...
CJI: We're not getting into it.
SG Mehta: Whether we like it or not, whether they give it up or not, whether the court goes into or not- it necessarily affects personal laws. Hindu marriage act is codified personal law. Islam has personal law too.
SG Mehta: These are all criminal offences- if they're denied any rights. There is also recognition of identity of transgender persons- right to dignity, right to personhood- it's all here.
SG Mehta: Now see prohibition against discrimination. They're saying we have unfair treatment etc. Transgender here means LGBTQ+, not transgenders as we colloquially understand.
SG Mehta: This is the 2019 Act, after Navtej Johar. Please see- Sec 2- defines family, inclusive education, institution, transgender persons...
SG Mehta: There was no law governing rights of LGBT community. Then NALSA and Johar came. Please see the transgender act. Most of arguments are covered. There is no legal lacuna, there is a statutory framework, and a conscious omission by statute.
SG Mehta: First, the question we're misdirecting it. The question is not right of equality, dignity, or privacy of LGBTQ members. The question is right of conferring of a social legal status and whether that can be done by judicial adjudication.
CJI DY Chandrachud: Therefore the emphasis was on personhood.
Adv Vrinda Grover: The petitioners before you are not necessarily same sex. In fact in my petition, there are petitioners who have anonymized themselves because they're coming from oppressed castes and communities. They're trans persons...
Luthra: With regards to the Citizenship act, the word "spouse" has been used in 2015 subsequent to all these legislations. So all that is required is that spouse means spouse.