Today, in the Supreme Court Constitution Bench, hearing arguments for the recognition of same-sex marriage for the sixth day, SG Tushar Mehta mentions more terms that cannot be gender neutral, he speaks about spinster and bachelor.
To which Justice SR Bhat responds, “This language needs to be updated.”
SG Mehtra further says, “This is 1872.”
Justice Hima Kohli responds, “Time to update ourselves.”
Yesterday, the Apex Court pointed out that Parliament was empowered to legislate on the subject of marriage and divorce, and asked as to how far the top court could interfere in such matters. The bench also observed that legalising same-sex marriage without touching personal laws was not an easy task and wondered how to come up with a solution
During the hearing today, Petitioner urges the usage of words like 'third gender spouse' for trans marriages
Katju: The question which fell from this court was on Section 21A of the special marriage act. I will also address what the consequences will follow if this court decides in favour of the petitioners. This court cannot decide all questions today.
These are complex statutes and LBGTQ will come to SC, family courts, and civil courts with questions of statutory interpretation same as heterosexual couples do. We seek a right to not be treated as different.
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