Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY 8

Sibal: They have a sexual identity which is separate. It is involuntary, not a matter of choice. 

Sibal: Thus far, it applied to only heterosexual couples. It is still a marriage. But a marriage which gained acceptability for centuries. The sexual union between people who are homosexuals is still a union.

Sibal: For example, in the absence of a law, this union of two people with sacramental vows is accepted by the society at large for thousands of years. That is essential.

Sibal: For example, in the absence of a law, this union of two people with sacramental vows is accepted by the society at large for thousands of years. That is essential.

Sibal: Marriage is ultimately a union, social phenomenon which deals thus far with heterosexuality. 

CJI DY Chandrachud: Therefore, at the core, to say that the court cannot issue a declaration would not be correct. Equally, we take your point that don't go in an area where you declare a right to marry.

CJI DY Chandrachud: Right to education - the right for primary education found expression in the Right to Education Act.

CJI DY Chandrachud: The court has in the past issued declarations. For instance, declaration which postulate that the implementation of declaration requires legislation being enacted by parliament. Right to clean environment, for eg.

CJI DY Chandrachud: Can the court issue a declaration?

Justice Bhat: There is no declaration in vaccum.

Justice Bhat: We've now evolved to the extent of understanding - what are constitutionally manageable standards, existence of it, non existence of it, matters which aren't to be gone into by the court etc. Where would you place it?