Same Sex Marriage- Supreme Court Hearing- DAY-6-LIVE UPDATES

SG Mehta: Suppose polygamous marriage- someone may challenge bigamy.

CJI DY Chandrachud: That is again governed by personal law.

CJI DY Chandrachud: That is far fetched.

SG Mehta: We used to treat even this as far fetched.

SG Mehta: But I'm attracted to my sister. We are consenting adults entering into activities within privacy. And we claim our right of autonomy, right of choice...based on that, can someone not challenge that why this restriction?

SG Mehta: Kindly visualise this- from the very beginning I am attracted to those persons who are mentioned in the degree of prohibited relationships. Incest is not uncommon but it is prohibited worldwide.

SG Mehta: Freedom of sexual orientation is hailed to be a fundamental right. That is his privacy issue- that's Navtej.

SG Mehta: There are two different schools of thoughts. One says that sexual orientation is acquirable also. Another says it is inbuilt. Let's not go into that.

CJI DY Chandrachud: They say that I'm entitled to my autonomy by virtue of my sexual orientation. Sexual orientation is not a matter of choice but a matter of immutable features- that's the argument.

SG Mehta: What is the fundamental argument of the petitioner- which I respect- That it is my right to choose the sexual orientation.

CJI DY Chandrachud: No, they say that sexual orientation is given to me. 

CJI DY Chandrachud: The degrees of these prohibited relationships come from where? Hindu law?

SG Mehta: Sagothra and Sapinda- that is now codified.

SG Mehta: The statute cannot be read to mean A for one class and B for another class.