New Delhi: The Supreme Court on Tuesday continued its hearing arguments on same-sex arrangement. A five judge Constitution bench comprising Chief Justice DY Chandrachud, Justices SK Kaul, SR Bhat, Hima Kohli, and PS Narasimha began hearing the arguments.
Kapil Sibal began his submissions by saying “we don’t expect the Parliament to recognise this particular right and the court should do it but this is a dangerous route to take. This is a tectonic shift and this requires public disclosures”. Further exerberating his worries, he said that the Parliament will not declare a law in wrong position.
When CJO Chandrachud questioned the recognition and its existence in law, Justice Bhat explained that it is crucial as we are in 75th year of independence. However, citing the example of Right to Privacy, CJI added that informational privacy or data privacy was left to the Parliament to decide as nine judges reference came before us.
The proceedings of the court also discussed IVF, surrogacy, and adoption as most essential laws of nature. Advocate Dwidevi saif that hetrosexual marriages don’t depend upon law as it’s a natural right of human being. Therefore, in India we don’t treat marriage as contractual agreement even where there is consent.
Earlier on May 3, the Supreme Court was informed by the central government that the right to choose a partner does not necessarily imply the right to marry such person over and above the procedure established by the law.