Same Sex Marriage- Supreme Court Constitution Bench Hearing- DAY-3 LIVE UPDATES

Ramachandran: This 30 day notice is designed for parental bodies and other busy bodies to create roadblocks. Justice Bhat in Delhi HC had to deal with such a case- where the enthusiastic marriage registrar sent notice to parent jurisdiction.

Ramachandran: If my fundamental right to marry is read into 21, I can't be asked to give notice of the exercise of my fundamental right at a future date.

Ramachandran: This notice requirement amounts to requirement of giving a notice to exercise my fundamental rights.

CJI DY Chandrachud: If the effect is to defer your right to get married at a time when you desire to, it can't be regarded as procedural because the impact is on your substantive right to get married at the time you choose.

Ramachandran: The provision which originates in a preventive statute now continues to the SMA which is an enabling statute.

Ramachandran: They originate in 1753 Act of British Parliament whose name speaks for itself - 'Act for the better preventing of clandestine marriages, 1753'.

Ramachandran: That is ultimately undone in 1976. That is as far as the law of marriage is concerned. Then we come to the history of notice in the context of these laws.

Ramachandran: Not being a Hindu, that was a pre requisite. That changes in 1923 after which you were no longer required to renounce your religion. But there is a severance of joint hindu family status which continues in SMA.

Ramachandran: That time a law was made and it was only for Christians. And then came Brahmo Samaj- for secular marriage.

Ramachandran: The legislative history of SMA is set out here. Originally, there was no codified law of marriage in India. It was all customary. Then during the time of British, a need was felt for law of marriage for the British.