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

Ramachandran: Art 25, freedom of conscience. I have a right to freedom of my own moral compass.

CJI DY Chandrachud: There's a whole segment in my judgment in Navtej which deals with right to health, mental health etc.

Ramachandran: It is an aspect of mental health.

Ramachandran: If I am gay or lesbian or any other category, then my health and happiness depend on a fulfilling union with a person of my choice.

Ramachandran: So often in such situations there is an alienation from the parental family. So in the event of sickness, the individual is left without a person who can take responsible medical decisions.

Ramachandran: My right to health under Article 21 includes my right to have appropriate medical decisions taken for me by the person whom I love.

Ramachandran: Justice Kohli had asked- is it a restriction or a lack of recognition? To this, the answer is that it is a lack of recognition and that lack of recognition leads to denial of equal protection of laws.

Ramachandran: That is the archaic logic applied here. For the moment we'll learn to live with this lack of logic.

Ramachandran: The very age differential which the law prescribes is rooted in the traditional perception, a patriarchal perception, where the male is the bread earner, the provider and so he must be old enough to earn. And the female is childbearer and is fertile at 18.

Ramachandran: Correspondingly, 18 will be attracted to a female-female, a female-transwoman, a transwoman-transwoman and that can also accomodate 1/4th category which is transgender persons.