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

Datar: When I searched husband or wife, I got 542 hits on SCC. Put spouse- it comes in 233 places. If you put words in SMA, you're virtually entering into a polycentric dispute.

Datar: Lordships is to visualise Entry 5 of List 3. It contemplates marriage, divorce, adoption, wills, succession etc where customary laws prevail.

Datar: My submission is that the SMA, the HMA- are very clearly cast. None of them call for the exercise of reading down, adding words or updating constructions.

Datar: But if the union is opposed to it, those guidelines should not be.

Datar: If your lordships take Vishakha- Vishakha was guidelines but the UOI accepted those guidelines. Take triple talaq...This is a concept of collaborative governance where SC makes a declaration, filling up a vaccum. If union supports, it's collaborative governance.

Datar: Now see, some of the prayers say replace words here and there to get solution. If you accept that, you're completely altering the fabric which is not permissible.

Datar: There is striking down, reading down or adding words, and updating construction. I'm going step by step. First I'm saying that you cannot strike it down.

CJI DY Chandrachud: That's why under inclusive law is not struck down. Over inclusive law can be struck down because it is treating unequals equally.

CJI DY Chandrachud: That's why under inclusive law is not struck down. Over inclusive law can be struck down because it is treating unequals equally.

CJI DY Chandrachud: That's what happened in the petition for ages of men and women to marry. The answer was simple- if we strike down 18 as age of women to marry, you won't have any law on subject at all.