CJI DY Chandrachud: In a sense privacy is an individual concept which allows you to get to the core of your being and allows you to live your life as you want.
Rohatgi: Yes, then we will be at par. It's not good enough to say that we'll leave you alone with 377, now be happy.
CJI DY Chandrachud: So we will deprive you of benefits that conventional social groups have.
Rohatgi: Yes.
CJI DY Chandrachud: So it's not enough for privacy to leave them alone and make their choices but to assert a right equally to have the recognition of those social groups
CJI DY Chandrachud: But equally, society can't say that well we'll recognise that right and leave you alone.
Rohatgi: Which means the inequality will continue. They'll say we get to marry and people look up to us but you can't.
CJI DY Chandrachud: There are two corresponding rights and duties- on one hand, the LGBTQ community or a same sex couple is entitled to say that I have the right to make my own choices to live as we wish and that's a part of our dignity, privacy.
Rohatgi: I don't want merely and amendment to the act without the declaration. Because if your lordships only interpret the act, tomorrow it can be amended and then we're sunk. Thus, I request a constitutional declaration of marriage akin to heterogeneous groups
Rohatgi: I don't want merely and amendment to the act without the declaration. Because if your lordships only interpret the act, tomorrow it can be amended and then we're sunk. Thus, I request a constitutional declaration of marriage akin to heterogeneous groups
Rohatgi (while referring to judgements): I am not reinventing the wheel- it's all here. I am only putting it together because there was no question of marriage in those cases.
Justice Bhat: There is an intersection of privacy in exercise of every right, not just 21 rights.
Rohatgi: Procreation, in today's scenario, can also include adoption, IVF, surrogacy- it need not only be procreation in one form.