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

Luthra: We've taken our constitution from other countries. We can't now say that we can't take from different traditions.

Luthra: Mr Vishwanathan was talking about Nepal and Sri Lanka. India's social ethos is far more developed. So the argument on that we can't have a right because of traditions, seems to be not appropriate.

Luthra: I need it and I have a right to it in terms of being a citizen of India and a citizen of India married abroad. When i come to India, I become nothing.

Sr Adv Geeta Luthra: My brief is on the Foreign Marriage Act. The concern was that while we talk about SMA, FMA shouldn't be left out. Petitioners here are validly marriage.

Vishwanathan: The ethical considerations would also be there in non heterosexual couples. They should also have commitment to one partner, rights in divorce, maintenance, you shouldn't leave someone destitute.

Vishwanathan: There is a right, it is required to effectuate the final right.

The bench refers to Sri Lankan judgement upholding bill which decriminalized homosexuality in the country.

CJI DY Chandrachud: They cited Navtej.

Vishwanathan: If so, that declaration will be worked out by the parliament. To that extent, there is a positive obligation.

Vishwanathan: That will not deter the parliament from enacting that legislation and recognising that right. Non binary people - inheritance is a serious issue. Workability will not hold back your lordships from declaring.

Vishwanathan (referring to an article): They say that after NALSA, your lordships' judgement led to the Transgender Protection against Discrimination Act. But inheritance issues are not addressed, workability issues still may remain.