Same Sex Marriage / Marriage Equality- Supreme Court Hearing-LIVE UPDATES

Katju: Your lordships open the door. Your lordships tell us where our social values stand. We adhere to the constitution.

Katju: So not only do states recognise successors to the estate as third gender children but they also recognise the possibility of third gender marriage and situations where they maybe judicial seperation of such persons.

Katju: The State of UP, following my lords directions in NALSA, amended the UP revenue code 2020. What did they include- "third gender spouse" and "third gender minors" This is the current state of laws.

Katju refers to directions given in NALSA judgment.

Katju: Any declaration must be actualised through an enunciation of SMA. 

Katju: In NALSA, the formulation that this court gave was first to indicate the content of Part 3 rights when it came to Transgender persons and then to actualise those rights.

Katju: The status itself confers dignity on the couple.

Adv Arundhati Katju: It fell from your lordships that content would include right to family, procreation etc. The first content of right to marry must be status of being married itself.

Nundy: What we are saying is a declaration would go a long way towards recognising my rights. Do not let my humanity be reduced to seperate single identity.

Justice Bhat: Parsis migration predated the advent of the Europeans. So they had regulated within their institutions marriage, seperation etc. Advent of British only led to perhaps codifications.