Same-Sex Marriage/Marriage Equality- Supreme Court Hearing- LIVE UPDATES - DAY-9

Adv J Sai Deepak: The central issue is between fetters and powers, which is to say that this area either falls in the prohibited areas or within my lords ambit- that is the central issue.

Shah: It's not a mere task of declaration but it has serious ramifications in considering the entire marriage regime and the ancillary social laws.

Advocate Manisha Shah was appearing for State of Gujarat.

Justice Bhat: You called this a sanctification narrative. Can you explain?

Adv Manisha Shah: This principle of sanctification lies in the fact that the institution of marriage pre dates any legislation.

Adv Manisha: The rules of marriage may continue to evolve but they must remain grounded in organising heterosexual relationships.

Adv Manisha: There is social legislation on this- S 113A of Evidence act or stridhan under Hindu Marriage Act.

Adv Manisha: There is an entire regime being regulated by this. Looking at it as isolated will not be possible.

Adv Manisha: All of them refer to heterosexual unions, all of them prescribe monogamy, all of them prescribe minimum age of marriage, and all carry proscription of prohibitive degrees.

Adv Manisha: The SMA is part of a wider spectrum of matrimonial laws. All such laws are heteronormative in structure. 

Adv Manisha: It is not a case of exclusion or prohibition but a case of non inclusion in a targeted legislation enacted with special aims and objects.

Adv Manisha: Reading up/reading down of laws governing marriage, especially SMA, would lead to altering of cultural edifice.