Rohatgi: I want to say that your lordships may broadly read "spouse" in place of "man and woman" or "husband and wife"
CJI DY Chandrachud: Are you saying that Special Marriage Act already recognises that right in it? An interpretative device?
Rohatgi: I don't want it to be quashed. Provisions of SMA made 70 years ago, there have been evolutions- live in etc have come in.
CJI DY Chandrachud: Assuming you seek a declaration of the court that people belonging to queer community have a right to marry, what is the next step?
Rohatgi: Once that happens, society will accept us. The stigma will only go once the state recognises it. That will be full and final assimilation.
Rohatgi: There is no reason why once our rights are identical, we don't get this. That has been the development in US and other states. We want a declaration that we have a right to marry, that right will be recognised by the State & will be registered under Special Marriage Act
Rohatgi: We want privacy in our homes and not face stigma in public places. So we desire same institution between two people as is available to others- the concept of marriage and family. Because marriage and family is respected in our society.
Rohatgi: If our rights are identical as held by the State, then we want to enjoy the full extent of our rights under 14,15,19,and 21.
Rohatgi: Criminality is now gone. The unnatural part or order of nature is gone from our statute. So therefore our rights are equal.
Rohatgi: We are persons who are of the same sex. We have, acc to us, the same rights under constitution as heterosexual group of society. Your lordships have held that. The only stumbling block on our equal rights was 377.
SG Mehta: I should not be told after generations after generations that we did not bring this to your lordships notice. In SMA as well as HMA, every state has specific rules. That is a reason to call all states. None of us represent views of nature