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

CJI DY Chandrachud: To state at the extreme that there was no fundamental right to marry under constitution would be far fetched. What are the core elements of marriage? If you look at each element, each is protected by constitutional values.

Dwivedi: The core aspect of marriage remains. You may have alimony, maintenance, divorce, inter caste but ultimately the marriages remain heterosexual marriages.

Dwivedi: The point is that all these reforms are made by legislature for interest of women and children and they do not alter the core aspect of the social institution of marriage, namely that it's an institution - a sanskar.

Justice Bhat: Traditions are there to the extent they are there. But at the same time let us be alive to the fact that the concept of marriage has evolved.

Justice Bhat: We went so far to hold untouchability as unconstitutional. I don't think any other constitution says that.

Justice Bhat: If those traditions are broken, what is held hallowed in our society in terms of caste? We made a conscious break and said we don't want it.

Justice Bhat: The moment you bring tradition, the constitution itself is a tradition breaker. Because the first time you brought in 14, you brought in 15, and 17, those traditions are broken.

Justice Bhat: So even the right to marry is inherent. If we say that it is inherent, it is a part of the constitution. You may locate it in 19 or 21.

Justice Bhat: Nothing is granted. We're free citizens. We have taken this to ourselves. Right to speak, to associate - these are part of our inherent rights. Constitution doesn't grant. Even legislations have only recognised.

Dwivedi: Asking to open the door of the social institution of marriage is the plea. they say SMA has now become unconstitutional.