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

Datar: Second, when the court says a fundamental right to marry, that means future legislation will have to take that into account, it cannot transgress that.

Datar: All I'm saying is that when you say fundamental right to marry, proposition one is it means marriage in the sense of cohabitation, in the sense of peaceful union. 

Justice Bhat: Which one of them relates to a fundamental right? When you're giving these examples, none of them relate to fundamental rights.

Datar: I'll now give examples of how parliament has overcome judgements- whether in reservation cases, 46th amendment, EWS etc.

Datar: It is recognition that they have a right to cohabit but it was not used in the sense of marriage as in the marriage law.

Datar: Once the court says that a same sex union is not a crime, then on any legislation cannot say that if two people cohabit, that's an offence.

Sr Adv Datar: When your lordships say that there is a fundamental right to marry, your lordships is declaring a law.

Sibal: But as per me, what they've asked for is not a fundamental right. What they must get is something short of it. But something that is meaningful.

Sr Adv Sibal concludes his arguments.

Sibal: Though it must recognise the reality and set systems in place for the state to move forward. Without moving forward, many of these people would be discriminated against. How it is to be done etc the government can ponder over it.

Sibal: In a way this moment should be celebrated - that your lordships are dealing with the reality of the situation. But that celebration must not result in an overreach.