CJI DY Chandrachud: That's a task for the future generations. The legislative and courts will decide it later.
SG Mehta: Today your lordships may not go into personal law but the window of personal law will open.
Justice Kaul: We're saying we're not going into the broader canvas. We're unwilling to go into personal laws. Therefore, they have agreed for the time being to argue on aspects which we're considering.
CJI DY Chandrachud: You're underestimating the impact that your argument is having on us. Don't underestimate the impact. It's now our turn to put these questions to Mr Rohatgi.
SG Mehta: There are certain issues which are better left to parliament.
CJI DY Chandrachud: Both Justice Kaul and I have engaged with the Department relating to parliamentary committees. I chair the e-committee. Justice Kaul chairs NALSA.
SG Mehta: This would be better if gone into by the parliament. The parliament has eminent parliamentarians. Parliamentary committees are not acting in the way we see parliament function. Committees have all parties as members.
SG Mehta: If I have genitals of a man but otherwise am a woman, as being suggested, how will I be treated under CrPC? As a woman? Can I be called for 160 statement? There are several issues.
SG Mehta: If the notion is treated to be a guiding factor to decide a man or a woman, I'll show several acts which your lordships would unintentionally make non workable.
SG Mehta: Biological man means man with biological genitals. I didn't want to use that phrase.