What petitioners said on Day 2 of same-sex marriage hearing in SC
The Supreme Court on Wednesday resumed its hearing on the issue of recognising “same-sex marriage”.
A five-judge Constitution bench led by Chief Justice D Y Chandrachud has been constituted to oversee the proceedings. Other members of the bench comprised Justices S K Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli.
Senior advocate Mukul Rohatgi, representing one of the petitioners, argued before the Supreme Court that “the State should come forward and provide recognition to same-sex marriage.” Meanwhile, Solicitor General Tushar Mehta, representing the Centre, filed a fresh plea at the outset of the proceedings, requesting that all states and Union Territories be made parties to the ongoing legal battle.
The top court on Tuesday made it clear that it will not go into personal laws governing marriages.
Top 5 quotes from today’s hearing
Advocate Mukul Rohatgi referred to the law on widow re-marriage and said the society did accept it then and the “law acted with alacrity” and social acceptance followed.
Rohatgi cited a recent order of the Nepalese Supreme Court recognising same-sex marriage and asking Nepal’s Ministry of Law and Justice to prepare an equal marriage law or amend existing laws. “One can’t even accuse them of having elitist concept like the Union tells us.”
“I am equal to heterosexual groups and it cannot be so that their sexual orientation is correct and all others are incorrect. I am saying let there be a positive affirmation…We should not be treated as lesser mortals and there will be full enjoyment of the right to life,” he said.
“When the Hindu Code came, parliament wasn’t ready. The Hindu Code wasn’t just Hindu Marriage Act, it had adoption, succession – so many things. It wasn’t accepted. Dr Ambedkar had to resign,” said Rohatgi in Supreme Court.
“I walk into a public space with my partner knowing that the law and the state recognise this union as a marriage, no one will raise stigma against me,” Rohatgi on seeking marriage equality.