SG Tushar Mehta: Our laws also conventionally recognise 'man' & 'woman'. I know diff between gender & sex, sexual orientation & gender identity. I am talking about law as it defines. Should any change not be legislature's domain?
SG Tushar Mehta: I have provided 160 provisions in various statutes, not just SMA, which would be irreconcilable with the prayer of petitioners.
SG Tushar Mehta: There are several ramifications not only on society, but also other statutes, which would need debate in society, in state legislatures, in civil society groups. This has to be preceded by some debate.
SG Tushar Mehta: Real question is, who would take a call between what constitutes marriage between a particular class of people. So, what constitutes marriage & between whom.
Solicitor-General Tushar Mehta begins his submission.
"This is a complex subject having profound effects. I would reiterate that this court should leave these questions to the Parliament."
After hearing two other intervenors briefly, Constitution Bench rises. Solicitor-General Tushar Mehta to make his arguments after lunch.
Kohli J: Can't go into specifics of each case.
Counsel: Alright. Then let me request that those persons who have undergone the surgery & now conform to the biological yardstick, may be entitled to equal protection under law.
Counsel: This judgement may have direct impact on my ongoing litigation. HMA per se does not prohibit these kind of marriages. Neither renders them void or voidable.
CJI DYChandrachud: Won't go into personal laws aspect.
Gupta: Fourth, discriminatory to have legislation which makes a distinction. Fifth, if question of why is answered in favour of petitioners, in order to prevent invalidation of legislation, would be necessary to read it purposively.
Gupta: Fourth, discriminatory to have legislation which makes a distinction. Fifth, if question of why is answered in favour of petitioners, in order to prevent invalidation of legislation, would be necessary to read it purposively.