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

CJI DY Chandrachud: And there's another reason- if you strike down a law on ground that it is under-inclusive, that will not result in creation of a law which is broadly inclusive.

Justice Bhat: Right to association is essentially a right to exclude. 

CJI DY Chandrachud: Even if they're right in asserting that same sex couple is entitled the benefit of institution of marriage, even so, you cannot challenge a legislation on ground of discrimination...

Justice Bhat: Their argument is that it would be a disproportionate judicial response. Therefore, include us.

Datar: These are newly recognised rights. You cannot strike down a 1954 law on the basis of some rights that come later.

Datar: It must be tested on the object of what the parliament made it for, the stated object.

Datar: The proposition I'm making is that if a law has been made to solemnise inter faith marriages, the validity of that law made in 1954 cannot be tested on the ground that it doesn't provide recognition of same sex marriage.

Datar: Only Hindu Marriage Act are 3 writ petition, Foreign Marriage Act 1 writ petition, Citizenship Act 1 petition.

Datar: Now coming to the SMA. Let's see the 20 petitions and their prayers. Please see- there are totally 12 out of 20 petitions directly challenge various provisions of SMA.

Datar: Then parliament cannot debate upon it either.