Same Sex Marriage- Supreme Court Constitution Bench Hearing-DAY-2- LIVE UPDATES

LIVELAW NEWS NETWORK

19 April 2023 4:47 AM GMT

Live Updates

19 April 2023 5:56 AM GMT
Rohatgi: If we are equal, we require an affirmative nod from the court- that you're equal, you will not be treated as lesser, and therefore, there will be full enjoyment of right to life, dignity, privacy at home...
19 April 2023 5:52 AM GMT
Rohatgi: What I'm really requesting, a declaration of marriage, is really a paraphrasing of this- I walk in to a public space with my partner knowing that the law and the state recognises this union as a marriage, noone will raise stigma against me.
19 April 2023 5:50 AM GMT
Rohatgi: Wherever husband and wife is used, make it gender neutral by using 'spouse'. Wherever man and woman is used, make it gender neutral by saying 'person'.
19 April 2023 5:49 AM GMT
Rohatgi: 469 will fully apply. Instead of the word 'colonial legislation' we can use the words 'colonial mindset'. It is the mindset which started then. Society has evolved but some part of that mindset remains which is evident from the stand of the State.
19 April 2023 5:46 AM GMT
Justice Bhat: The second aspect is intersect with personal laws even here. Keep that in mind when you make the submissions.
19 April 2023 5:45 AM GMT
Justice Bhat: Others who are not aware of this form of marriage, and I use these words very carefully, we can't presuppose that everyone knows this- they're denied this. Either they choose their religion, if they choose that then they're out of this. This is one aspect.
19 April 2023 5:45 AM GMT
Justice Bhat: You get a declaration, then you say some of these are secular, not personal. So far so good. You may not argue on personal laws. You have strategic reasons to not argue but this court will have to engage. So we're not looking at it as a whole.
19 April 2023 5:41 AM GMT
Rohatgi: We want to get us real rights where day to day things are involved - Gratuity Act, Pension Act, Juvenile Justice Act- it provides for adoption- you can't adopt unless married.
19 April 2023 5:41 AM GMT
Rohatgi: Take payment of the gratuity act. Other acts will provide pension. They provide pension to only to spouse- the underlying thing is that they're married. A judge's pension will go to a spouse- you have to be married.
19 April 2023 5:38 AM GMT
Rohatgi: In some measure, we're revisiting this issue even though this issue is decided. Therefore we ask for a declaration. The declaration is not just a batch we wear but it must atleast go forward even in some limited extent.

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Same Sex Marriage- Supreme Court Constitution Bench Hearing-DAY-2- LIVE UPDATES

LIVELAW NEWS NETWORK

Live Updates

Rohatgi: If we are equal, we require an affirmative nod from the court- that you're equal, you will not be treated as lesser, and therefore, there will be full enjoyment of right to life, dignity, privacy at home...

Rohatgi: What I'm really requesting, a declaration of marriage, is really a paraphrasing of this- I walk in to a public space with my partner knowing that the law and the state recognises this union as a marriage, noone will raise stigma against me.

Rohatgi: Wherever husband and wife is used, make it gender neutral by using 'spouse'. Wherever man and woman is used, make it gender neutral by saying 'person'.

Rohatgi: 469 will fully apply. Instead of the word 'colonial legislation' we can use the words 'colonial mindset'. It is the mindset which started then. Society has evolved but some part of that mindset remains which is evident from the stand of the State.

Justice Bhat: The second aspect is intersect with personal laws even here. Keep that in mind when you make the submissions.

Justice Bhat: Others who are not aware of this form of marriage, and I use these words very carefully, we can't presuppose that everyone knows this- they're denied this. Either they choose their religion, if they choose that then they're out of this. This is one aspect.

Justice Bhat: You get a declaration, then you say some of these are secular, not personal. So far so good. You may not argue on personal laws. You have strategic reasons to not argue but this court will have to engage. So we're not looking at it as a whole.

Rohatgi: We want to get us real rights where day to day things are involved - Gratuity Act, Pension Act, Juvenile Justice Act- it provides for adoption- you can't adopt unless married.

Rohatgi: Take payment of the gratuity act. Other acts will provide pension. They provide pension to only to spouse- the underlying thing is that they're married. A judge's pension will go to a spouse- you have to be married.

Rohatgi: In some measure, we're revisiting this issue even though this issue is decided. Therefore we ask for a declaration. The declaration is not just a batch we wear but it must atleast go forward even in some limited extent.

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