CJI DY Chandrachud: In this evolving consensus, court is also playing a dialogical role to create that consensus and move towards an equal future.
CJI DY Chandrachud: Between Navtej and today, our society has found much greater acceptance of same sex couples. That's very positive because you find that there is a greater acceptance in our Universities.
CJI DY Chandrachud: You can assist on how we can develop the notion of a civil union which finds recognition in our statute - the Special Marriage Act?
Justice Kaul: Sometimes incremental changes in issues of societal ramifications are better. There is time for everything. Therefore what was being suggested was- can we, for the time being, confine it only to limited issue, don't step into personal law issues.
CJI DY Chandrachud: We can't deny the fact that there is undoubtedly the legislative element also involved.
CJI DY Chandrachud: Perhaps, going incrementally, covering a canvas for the present, confine yourself to this canvas and then allow parliament's perception to evolve with time. Because parliament is also responding to the evolution of society.
CJI DY Chandrachud: The constitution itself and the law itself is evolving so the court has to be mindful that we're moving by process of interpretation.
CJI DY Chandrachud: There may be some amount of sage wisdom in also going about our tasks in incremental manner. Because otherwise do we then confine ourselves only to HMA? What about the Parsis, Jews, Muslims- there are a lot of communities
Guruswamy: The origin of HMA, the Hindu code, did something that was not committed in sacramental Hindu Law, which is, inter caste marriage, Sagothra marriage, inheritance...
Guruswamy: The Hindu Marriage Act is not an issue necessarily of personal law. It is a statutory law. We will demonstrate that. The terms of the constitution, the reforms have always be in statutory law.