Senior Advocate Jaideep Gupta: It is a misconception to say family values Indians cherish will be affected. It is because of these family values that they wish to get married. All values we cherish will come into effect.
Gupta: Marriage equality will ensure they will be protected from forced marriages & conversion therapy...Thirdly, misconception to say family values Indian cherish will be affected.
Gupta: Second, persons of this sexual orientation are being forced into heterosexual marriages. What is worse, there are people who are suggesting conversion therapy...Like this can be medically 'corrected'.
Sr Adv Jaideep Gupta, appearing for intervenor Queer Collective of Indian Institute of Science, begins his submissions.
"First, difference in marriageable age should not come in the way. Child Marriage Bill already tabled."
Adv Manu Srinath: Exercise of judicial review is court's duty...duty to do organic construction of laws of land, to achieve social justice...such exercise increasing pool of beneficiary would not amount to legislation by court.
Singh: Argument about social & public morality amorphous...Counter-affidavit proceeds on hurtful basis...Also, merely because this has been the case does not mean it should continue.
Singh: Conferral of these positive rights is not a zero-sum game. It is not being granted at the expense of someone else. The union's only argument is that it runs contrary to social morality & public morality.
Adv Shivam Singh argues about innateness, and how centre using it as an opportunity to discriminate is unconstitutional.
"To discriminate on basis of this parameter does not pass constitutional muster. These cannot be changed."
Awasthi: No interference of customary religious authority, neither is customary religious ceremony mandated. Their faith in ceremony to get marriage validated, but not us discriminatory.
CJI DYChandrachud: Will leave it at that.
Adv Raghav Awasthi: My marriage was registered in Denmark. My petition seeks declaration relating to S5 of Hindu Marriage Act.
CJI DYChandrachud: We cannot discuss this in 5 mins, have scrupulously excluded this aspect.