Singhvi: There are two crucial words here- marriage and persons. Same sex is a slight misnomer. The correct word is persons.
Justice Kaul: If we confine this fundamental issue in one act, we don't get into anything else...
Sr Adv AM Singhvi: On canvas, allow me to say something.
Justice Kaul: Even in Puttaswamy- we found that there were nuances that come up later. It may require more visits to court. We can't say. But we cannot say that it'll be possible to work out all possible nuances now.
Guruswamy: So anything short - if it is a civil union, this correspondence will now start with insurance company, with banks, with hospitals, with wills, with estate duties, with anything that is pre requisite to be able to live a life outside a home, including buying that home.
Guruswamy: This is why we say marriage. Because that is the notion that the legal framework which is premised on common law understands and takes within its fold.
Guruswamy: I am not able to nominate my partner for life insurance. These are not theoretical issues. This is our life.
Guruswamy: If it is short of full marriage, it will mean that subsequently, not just Mr Rohatgi, but Mr Kirpal, me, we will keep coming back to court to litigate individual issues of discrimination.
Guruswamy: When we look at law in India, most rights flow from this notion of blood relationships, i.e., either being born into a family or being married. That is the problem.
Guruswamy: This is the reality of how rights are exercised. Rights are exercised when you're able to protect your relationships. One facet of that right is the constitutional value of dignity, equality, fraternity. The other facet is the day-to-day business of life.
Guruswamy: Marriage is not only a question of dignity. It is also a bouquet of rights that LGBTQ people are being denied post Johar. Bank account, life insurance, medical insurance- I cannot buy SCBA medical insurance.