During his arguments before a constitution bench headed by CJI DY Chandrachud in the same-sex marriage case in the Supreme Court, senior advocate Mukul Rohatgi said same-sex marriages should be recognised. For this, the government should go ahead and decide. He said that many things have become old. After divorce husband should give alimony and maintenance to wife, this is old time thing.

Rohatgi appealed to the Supreme Court to legalize same-sex marriages and encourage society to accept such obligations so that people of the LGBTQI+ community can lead dignified life like heterosexuals. Appearing on behalf of one of the petitioners, Rohatgi told the bench that the government should come forward and recognize same-sex marriages.

Rohatgi while referring to the law related to widow remarriage, said that society did not accept it then but the law worked quickly and got social acceptance. He said that the court to inspire society to recognize same-sex marriages. The court has the power to do so under Article-142 of the Constitution. Courts can also decide on moral rights.

On behalf of the Centre, Solicitor General Tushar Mehta filed a new petition and requested the apex court before granting legal recognition to same-sex marriages all States and Union Territories should be made parties in hearing the petitions. Opposing the new petition filed by the government, Rohatgi said the petitions challenged the Central law, the Special Marriage Act. Just because the subject is in the Concurrent List of the Constitution, there is no need to issue notices to the States and Union Territories.

Rohatgi referred to other decisions including the decriminalization of consensual same-sex relationships. Rohatgi said that the court is revisiting a matter which has already been decided. Their rest is similar in the case of logical groups. It cannot be that their sex orientation is right and everyone else's is wrong. He said that such people should not be considered inferior. This will give us full enjoyment of the right to life.