Rohatgi: Dignity sits in Article 21 after the Puttaswamy judgement.
Rohatgi: And it must be remembered that preamble is a part of the Constitution as per Keshavnanda Bharti.
[Reads the preamble]
Rohatgi: Let us first remind ourselves of the preamble of the constitution. My friend said, "how are you equal?" We became equal in 1950. Have a look at the Preamble and I'll shortly show the discussion on Preamble in Puttaswamy.
Rohatgi: We're not equal? As if we must continued to be treated as those stigmatised. That is the mindset today. Therefore, it is important for the court to intervene.
Rohatgi: I am amazed to hear the other side saying that we're not equal. I heard this submission that we're not equal to the heterosexual group- astounding statement coming from the State. The constitution did not make two classes of citizens.
CJI DY Chandrachud: All the petitioners can finish by Thursday morning and in afternoon other side can start.
SG Mehta: Is my application then rejected?
The bench will resume post lunch.
Sibal: I'm not representing anybody. Because you're leaving the personal laws out of it. I'm out of it and I don't have to be here but having practiced here, i have to say that these are complicated issues.
Sibal: When this is done across the world, other legislatures actually reform other laws in tandem with it. If you do it without reforms, you'll be hurting the other community and that is dangerous. I'm all for it but not in this fashion.
Sibal: Under Criminal Procedural law, who is the woman? Who will get maintenance? These are serious societal consequences of that declaration. Either you take it as a hold, or don't take it at all.
Sibal: Having said that, assuming your lordships were to say it's a valid marriage, suppose the marriage breaks down and they've adopted a child. What's going to happen? Who will be the father?