Nundy: Many seek divorce. Many do not even after persons transition.
Bhat J: Law accommodates them because these are not grounds for nullity or divorce. There are other ramifications...children, dependents, etc.
Nundy points out section saying 'Spouse of' in identity form.
CJI: Person who is in marital relationship can seek gender reassignment.
Nundy: Or self-declared identification. After they transition, marriage continues to subsist.
Nundy talks about certificate of identity issued to trans persons.
CJI DYChandrachud: You say Rule 5 already recognises marriage of trans persons, where do we get that?
Nundy: More that the form acknowledges.
Nundy: Census figures of trans people a huge underestimate. Many of them here in this courtroom...I mention this because they have been demonised. Muskan Tibrewala who has rendered assistance is one such person.
Nundy: 99.9% people who apply under Special Marriage Act fall in the gender binary & are men or women, whether they are queer, trans, or straight. 2011 census shows 4.8 million trans people...been demonised in society.
Nundy: ...& provisions for OCI cardholders only under Citizenship Act that constitution a self-contained part to grant entitlements based on registration...recognition of foreign marriages...
Adv Karuna Nundy begins.
"I seek declaration that includes my rights as queer, non-heterosexual & same sex people to marry other secular legislations, Special Marriage Act, Foreign Marriage Act..."
CJI DYChandrachud: Now that we are dealing with CB...We have to have some cut-off. Otherwise material becomes difficult to deal with. (Talks about volume of written submissions)
Also indicates that petitioners would finish by 12.
Constitution Bench assembles. CJI DYChandrachud, & Justices Hima Kohli & PS Narasimha are physically present in court. Justices Sanjay Kishan Kaul & S Ravindra Bhat have joined virtually on account of their health.