Same Sex Marriage- Supreme Court Hearing Live

CJI DY Chandrachud: It may not be necessary for the court to then get into personal law.

Sr Adv Menaka Guruswamy: There are some concerns about Hindu Marriage Act.

CJI DY Chandrachud: Now that we've understood broadly the canvas of the matter, we can at this stage, steer clear of personal law. If we steer clear of personal law, perhaps that is one possible option...

Vishwanathan: The other is the south africa model where they say that the common law and the statutory understanding is unconstitutional, we strike it down, but we suspend the declaration.

Sr Adv KV Vishwanathan: In Sikkim Old Settlers cases, where some people were left out of some benefits, your lordships said that striking down will deny everyone benefits. So i will now equalise the rights.

Rohatgi: The legislative drafting which was done 50-70 years ago cannot stop what I'm constitutionally entitled to get.

Rohatgi: Because of our history of Vishakha, Puttaswamy- all I'm requesting is second step. The second step to be implemented is not by Vishakha rules but by virtue of the law already available by process of legislative interpretation.

CJI DY Chandrachud: Assuming that you're right that you have a right to marry, there are two courses of actions acc to you- either the court then finds a legislative void; or locate the modalities for implementing that declaration in existing law.

Rohatgi: Yes.

Rohatgi: The law can't remain static. Law moves, society moves. Court will act when it is called upon to act. It will act whatever it can within its judicial parameters.

Rohatgi: If I have a right, it must be examined by the court, and be guaranteed to me. 32 itself is a part of fundamental right.

Rohatgi: If this court has said something the State has to respect it and once State respects it, stigma will go.