A constitution bench of #SupremeCourt will continue hearing a batch of petitions seeking legal recognition for queer marriage in India.Follow this thread for live...
A constitution bench of #SupremeCourt will continue hearing a batch of petitions seeking legal recognition for queer marriage in India.
Follow this thread for live updates.
Live Updates
2023-04-25 04:41:47
25 April 2023 12:28 PM IST
Justice Bhat: So one is a declaratory part, the second is the consequential part.
25 April 2023 12:28 PM IST
Justice Bhat: Because you had a large number of statutes which prohibited gay relationships or marriage, there were several state constitutions which enacted prohibitions - they were all outlawed.
25 April 2023 12:28 PM IST
Justice Bhat: It can only be used for the purpose of declaration. There is no legislative content to that.
25 April 2023 12:28 PM IST
Grover: This right of intimate association can be read into Article 21. Apart from privacy, autonomy, and dignity, this can also be read into Article 21.
25 April 2023 12:28 PM IST
Sr Adv Grover takes the bench through some judgements.
25 April 2023 12:27 PM IST
Grover: There are three issues coupled in one and it is encapsulated under Article 19(1)(c) and obviously it is subject to reasonable restrictions.
25 April 2023 12:27 PM IST
Grover: The idea is that you can form associations- cooperative societies to trade unions, which are larger groups and intimate unions of a romantic or marital nature- and that is a fundamental right in the US coupled with free speech.
25 April 2023 12:27 PM IST
Grover: This has been embraced in article 19(1)(c).
25 April 2023 12:27 PM IST
Grover: I will invoke the argument on intimate association of US based on the 14th, 19th, and 1st Amendment.
25 April 2023 12:22 PM IST
Grover: The second petition is interfaith - Christian and Hindu under the Special Marriage Act.