The Supreme Court bench hearing the petitions related to the recognition of same-sex marriage has risen for the day. The hearing will resume tomorrow with Advocates ASG Bhati, Manisha Lavkumar Shah, and J Sai Deepak. Chief Justice of India DY Chandrachud said, “Intervenor give one-page notes to Advocate Kanu Agrawal. If Mr Maninder Singh does not have greener pastures then he may also take 20 minutes. By lunch tomorrow respondents shall wrap up.”
Today Senior Advocate Rakesh Dwivedi, Senior Advocate Arvind Datar, and Solicitor General Kapil Sibal argued on the matter. The arguments were started by Senior Advocate Dwivedi, who said, “Please see the definition of spouse as under Section 5 of the Special Marriage Act.” Similarly, arguments were made throughout the proceedings regarding the legalization of same-sex marriage. Senior Advocate Datar said “Decriminalisation of homosexuality was a historic moment. It would be a jewel in the crown of the Supreme Court. It's a huge impact of reading down a biblical based law which was anachronist to constitutional democracy.”
Datar mentioned that the recognition of same-sex couples is a newly recognized right; therefore, “you cannot strike down a 1954 law on the basis of some rights that come later.” CJI replied “Even if they’re right in asserting that same-sex couple is entitled to the benefit of institution of marriage, even so, you cannot challenge a legislation on ground of discrimination…” He added, “And there’s another reason- if you strike down a law on ground that it is under-inclusive, that will not result in creation of law which is broadly inclusive.” Lastly, Datar concluded his argument by stating, “The recognition of same-sex couples is a newly recognized right. It would be dangerous if these newfound rights are retrofitted into old statutes.” Proceedings are to continue tomorrow.