The Chief Justice of India DY Chandrachud on April 19 observed that while the central government has claimed that same sex marriage is an urban and elitist concept, it has not shown any data to prove this claim.
The central government in its affidavit filed on April 16 opposing the apex court’s decision to hear petitions seeking legal sanction of same sex marriage, claimed that the petitions represent views of the urban elite and not of other sections of the society.
The CJI further noted that more people living in urban areas are coming out of the closet with regard to their sexual identity but that does not mean that the demand for same-sex marriages are limited to urban elitist population.
He further noted that the state cannot discriminate against an individual on the basis of a characteristic over which the individual does not have control.
In today’s hearing, senior advocate Mukul Rohatgi continued his arguments for the petitioners seeking legal sanction of same sex marriage. He argued on the scope of Special Marriage Act, 1954 to interpret it to include LGBTQAI+ community within its scope and granting the right of solemnisation of their marriage.
Rohatgi further argued that that the words “woman” and “man” in the act should be read as “person” and the words “husband” and “wife” be read as “spouse”. Thereafter, Rohtagi read multiple provisions including Sections 2, 4, 22, 27, 36, and 37 of the Special Marriage Act, 1954 to propose a workability of solemnisation and/or registration of marriages of same-sex couples.
Rohatgi was assisted by a team of advocates from Karanjawala & Co. Advocates including Tahira Karanjawala, Niharika Karanjawala, Sanya Dua, and Shreyas Maheshwari.
Appearing for another petitioner senior advocate Abhishek Manu Singhvi commenced his arguments today. He argued that the heart of the petitions before the court is right to choose and be in a marital relationship regardless of gender or gender identity.
He argued that while the SC removed discriminations against the LGBTQ + community by striking down Section 377 of the Indian Penal Code, it should now remove discrimination in the form of denial of marital rights to same sex partners.
The hearing for the case will continue on April 20.
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