The Supreme Court resumed its hearing on the legalisation of same-sex marriage on Tuesday, May 9.
A five-judge bench including Chief Justice DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha has been hearing a clutch of petitions filed by 18 LGBTQIA++ couples for marriage equality rights.
Senior Advocate Rakesh Dwivedi initiated the aruguement today.
"I have a strong criticism of Justice Kennedy, Prof Nussbaum. They treat marriage as a pure and simple contract. It's not that. It's the most sacred phenomenon. And not confined to humans but to other species.
After hearing his arguements, CJI Chandrachud responsed, "The moment you say that it is not just a matter of mere contract but there is an element of sacrament- it is again a fundamental percept of our law".
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"First thing we learn in Hindu law is marriage is not merely a matter of contract but sacrament. Once you accept that, it's a sacrament which is also impressed with a constitutional character.", he later added.
The hearing has been going on for three weeks now with several arguments regarding marriage being a bouquet of rights and gender is far more complex in a marriage than between a cis-gendered heterosexual man with a cis-gendered heterosexual woman.
On the last day of the hearing on May 3, Solicitor General Tushar Mehta who is representing the Central Government said that the "Right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right but there is no fundamental right to seek recognition of that relationship as a marriage or in any other name".
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The State Court Bar Association had condemned the views of the Bar Council of India's view opposing to hear marriage equality in the Supreme Court.
Tushar Mehta also told that the Union Government is ready to hear the appeals of the gay community about the problems they face and a panel would be formed.
Menaka Guruswamy said, "Right to love, right to cohabit, right to choose a partner, right to have a sexual orientation is a fundamental right but there is no fundamental right to seek recognition of that relationship as a marriage or in any other name."
Recently the Rashtriya Swayamsevak Sangh (RSS) shared a survey where it claims that homosexuality is a disease according to medical professionals and claims that allowing same-sex marriage in India will only make the disease spread.
