Today, the Supreme Court of India, resumed the hearing of petitions seeking legal recognition for same-sex marriages and held that the Indian Constitution itself is a "tradition breaker". 

During the hearing, senior advocate Rakesh Dwivedi asked the apex court whether ‘there is a fundamental right for persons in same-sex relations to marry? Either flowing from Article 14, 15 or 21.’

Further, he mentioned that heterosexual people have the right to marry as per their personal law, custom, and religion. That has been continuous - that is the foundation of their right. 

Dwivedi in his submission to the Supreme Court also suggested that the issue of same-sex marriage is best left to the parliament. 

Responding to this, the Chief Justice of India DY Chandrachud said, “So you concede the fact that there is a right to marry under the constitution but that is confined to heterosexuals?"

Completing it, Justice S Ravindra Bhat said, taking the argument forward- custom, culture, religion - rewind that 50 years ago- inter-caste marriages were not permitted. Go back further- said marriage was not permitted. The context of marriage has changed.

“The moment you bring tradition, the constitution itself is a tradition breaker. Because the first time you brought in 14, you brought in 15, and 17, those traditions are broken."

“One, marriage itself postulates two individuals cohabit. Two, marriage accompanies with it the existence of the family. Three, marriage has procreation as a very important ingredient. Though, we must be cognizant that the validity of the marriage is not conditional on it. Four, marriage is exclusionary to all others. People in a marriage to exclude all others from the marriage. Five, social acceptance of the existence of marriage. Social acceptance is not confined to that individual but how society looks at that institution."