18 Apr, 2023
'No Absolute Concept Of Biological Man And Woman': Supreme Court
While hearing a matter on the same-sex marriage, the Apex Court of India said, said that there is no absolute concept of "biological man and woman". The Supreme court's observation came while hearing a batch of pleas seeking legal validation of same-sex marriages.
The top court has constituted a five-judge Constitution bench to hear the matter, comprising Chief Justice DY Chandrachud, Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and PS Narasimha.
In separate remarks, the CJI also noted that the notion of a biological woman or man isn’t “absolute” and “it’s not just a question of what your genitals are.” He was responding to Solicitor General Tushar Mehta, appearing for the Government, who stated, “Societal acceptance of any relationship is never dependent on either the legislation or judgement. The legislative intent of the legislature throughout has been a relationship between a biological man and a biological female.” Mehta has also argued whether the judiciary is the right forum to create new socio-legal rights through marriage.
"It's not the question of what your genitals are. It's far more complex, that's the point. So even when Special Marriage Act says man and woman, the very notion of a man and a woman is not an absolute based on genitals," the Chief Justice said.
Remarks of Chief Justice of India and other judges in the case during the hearing:-
- The court can’t be told how to make a decision and that it wants to hear the petitioners’ side.
- We have engaged extensively with the Parliamentary Committees. Don’t underestimate the impact that your arguments are having on us.
- We want to find a middle ground, adding, there is no absolution concept of biological man and woman. It is not just what your genitals are. It is far more complex.
- So even when Special Marriage Act says man and woman, the very notion of a man and a woman is not an absolute based on genitals.
- You say that the LGBTQ community has the right to marry & that society cannot say we will deprive you of benefit that conventional social relationships get.
- It’s not enough to leave them alone, but it is essential to give them relevant social institutions. It may not be necessary for the court to then get into personal laws at all.
- In 5 years, since Navtej Johar judgment, things have changed greatly. There is an acceptance which is evolving. We are very conscious of that.
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