A constitution bench of #SupremeCourt will continue hearing the batch of petitions seeking legal recognition for queer marriage in India.Follow live updates...
A constitution bench of #SupremeCourt will continue hearing the batch of petitions seeking legal recognition for queer marriage in India.
Follow live updates here
Live Updates
2023-04-20 05:49:14
20 April 2023 7:20 AM GMT
Singhvi: It is true that rape is a crime even by a woman on a man in France. Those are special cases. Today your lordships issue is can you move forward with these kinds of obstructions?
20 April 2023 7:19 AM GMT
Singhvi: Ofcourse it has been expanded by the Verma committee to meet other forms. But otherwise it is non consensual penile vaginal penetration.
20 April 2023 7:19 AM GMT
CJI DY Chandrachud: Why can't we apply that to a homosexual couple?
Singhvi: It's a criminal offence which is being defined "non consensual penile vaginal penetration".
20 April 2023 7:14 AM GMT
Singhvi: Then some provisions which may not create any issues- which are only created for and applicable to heterosexual couples- such as 27(1)(a). You cannot have a system which applies uniformly to everybody, like rape.
20 April 2023 7:11 AM GMT
Singhvi: The next point is that your lordships will keep in mind that I am focusing on the discriminatory parts of the provisions. We're not challenging or interpreting all provisions. We're challenging the discriminatory portions of gendered provisions.
20 April 2023 7:10 AM GMT
Singhvi: The next question which may arise is what about the trans categories. My submission would be that in 99% trans categories your lordships is able to slot the person as per the gender which he/she professes.
20 April 2023 7:09 AM GMT
Singhvi: There is a question concerning age. The simple and the correct solution is that whichever of the same sex couple is involved, that age will apply.
20 April 2023 7:07 AM GMT
Dr Singhvi takes the court through other judgments.
20 April 2023 7:03 AM GMT
CJI DY Chandrachud: Your argument is that the institution of marriage in itself is so very important that denying it to same sex couple would be contrary to fundamental rights.
20 April 2023 7:03 AM GMT
CJI DY Chandrachud: Is the relationship between a man and a woman so fundamental to our law and SMA that for us to comprehend that it would also include a relationship between a same sex couple would be completely redoing the tapestry of the legislation?