Same-Sex Marriage- Supreme Court Constitution Bench Hearing -DAY-5

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26 April 2023 10:08 AM IST

  • Same-Sex Marriage- Supreme Court Constitution Bench Hearing -DAY-5

    A constitution bench of Supreme Court will continue hearing a batch of petitions seeking legal recognition for same sex marriage in India. Follow live updates...

    A constitution bench of Supreme Court will continue hearing a batch of petitions seeking legal recognition for same sex marriage in India.

    Follow live updates here

    Live Updates

    • 26 April 2023 4:11 PM IST

      CJI DYChandrachud: Will continue tomorrow.

      SG Tushar Mehta to continue submissions tomorrow, Sr Adv Kapil Sibal & Attorney-General also to address the constitution bench. "Two sessions, maybe 1-2 hrs extra," says SG.

      Bench rises.

    • 26 April 2023 4:06 PM IST

      "Legislators were aware of homosexuality, but they consciously avoided, even as a ground for divorce under Special Marriage Act," SG Tushar Mehta contends that SMA was specifically intended to recognise only heterosexual unions.

    • 26 April 2023 4:03 PM IST

      SG Tushar Mehta: So homosexuality was not something unknown to the members when Special Marriage Act was being debated. Despite this, they made a conscious decision to use 'man' & 'woman' instead of 'parties'.

    • 26 April 2023 4:00 PM IST

      SG Tushar Mehta talks about how certain members had argued for 'feminine vice of lesbianism' to be included & 'sodomy' be replaced by 'homosexuality' as ground for divorce under SMA, in the interest of the 'solidarity' of marriage.

    • 26 April 2023 3:50 PM IST

      SG Tushar Mehta: Your Lordship is right, till '56, it was neither permissive nor prohibitive. Maybe uncodified Shastric law would apply...May have its repercussions.

    • 26 April 2023 3:48 PM IST

      Bhat J: At the time, were there ANY laws ANYWHERE in the world allowing same-sex marriage?

      SG Tushar Mehta: Not to our knowledge...but no prohibition.

      Bhat J: In England, there was prohibition till '73.

    • 26 April 2023 3:45 PM IST

      SG Tushar Mehta: There was a member during the debate who asked 'homosexuality' to be introduced as a ground for debate, after 'sodomy'.

      "A man must marry only a woman, not a man," Mehta quotes from the debates on SMA.

    • 26 April 2023 3:45 PM IST

      SG Tushar Mehta (continues reading out debates on SMA in Parliament): Brahmo Samaj of course was one of the main contributing factors, but not the sole one.

    • 26 April 2023 3:45 PM IST

      SG Tushar Mehta: People not agreeing to conditions were free to marry under religious law...That is personal uncodified law...does not prohibit LGBTQIA+ marriages, except...

      (Discusses with junior) Yes, HMA prohibits...

    • 26 April 2023 3:38 PM IST

      SG Tushar Mehta: Parliament was aware of lesbian and gay people. Select committee in fact used the word parties instead of 'man' & 'woman'. After heated debate, amendment was brought to introduce different ages for men & women.

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