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

Counsel: India has not reached that level yet.

Counsel: The second point is- if you look at Sections 19, 20, 21A of SMA- if you marry under this law it is not connected to Hindu marriage act. But it also states that two Hindus can marry.

Counsel: I appear for Akhil Bharat Samiti. Only two points- a. The concept of marriage in Indian society is creation of an institution by itself. Concept of same sex marriage would be virtually like an attack.

Sr Adv Maninder Singh: Inability to procreate is a ground for divorce- in all three personal laws of Hindus, Christians, and Muslims.

ASG Bhati: The architecture of child centric laws is very carefully crafted with child being paramount. Any general declaration with reading 'spouse' instead of husband and wife will make laws related to adoption, assisted reproduction, surrogacy completely unworkable.

Justice Bhat: You must show children in the context of same sex couples.

ASG Bhati: This architecture is carefully crafted. Heterosexual couples also don't have rights that equate- a single man and single woman don't have same rights.

ASG Bhati: My submission is that your lordships may go slowest when it comes to child rights.

ASG Bhati: See this judgment on inter country adoption. The entire regime of JJ Act and CARA came because of your lordships nudge and push.

Justice Bhat: Aren't you serving the petitioner's cause by pointing to this vaccum?

ASG Bhati: In Navtej, in X, in NALSA, your lordships were dealing with competing rights. Marriage as an institution with procreation being such a fundamental core to it- if your lordships read 'spouse' it is going to impact children laws the most.

CJI DY Chandrachud: So you're saying that just as there is no recognition of same sex married couple, there is no recognition of the right of a same sex couple to adopt a child as a couple. That is based on the foundation that a child must have a stable family existence.