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

CJI DY Chandrachud: Is there an interpretive space in the SMA?

CJI DY Chandrachud: Even if the under inclusion is not valid in that sense, because as you say that it's based on a core characteristic, there are two options to court-

1. You strike down under inclusion as it is.

2. Alternatively, if there is an interpretive space, you mould.

Vishwanathan: Even that principle has various hues. If there is discrimination on core traits, even under inclusion is no answer.

Justice Bhat: There's a constitutional doctrine that we've remained constant to- we cannot direct a legislation, we cannot direct framing of a policy, we cannot enter realm of policy making.

Justice Bhat: Even if we admit that there's a duty, how to you crystallize the duty?

CJI DY Chandrachud: I dealt with this argument in Aadhar- only problem is that it's a dissent. If you see my judgement, there's a segment called Development as Freedom, where citing Amartya Sen and Martha Nussbaum, I say rights give rise to corresponding duties.

Vishwanathan: If you've given certain rights, can you then post Navtej, when you've called this relationship natural, don't they have a duty?

Vishwanathan: Whatever you're giving in heterosexual couples, I'm asking for that. Today, incestous relationship is barred in heterosexual relationships, three people coming together barred in heterosexuals.

Vishwanathan: That was an argument already catered to. Incestuous relationships were argued.

Justice Bhat: That's a little extreme.

Vishwanathan: Three people coming together was argued.

Justice Bhat: What all relationships would you locate that duty? In case of live in also you'll say that law should cater to all relationships?