CJI Chandrachud On Same Sex Marriage Hearing: 'No Absolute Concept Of Man Or Woman'

18th of April saw the commencement of the Supreme Court bench led by CJI Chandrachud on same sex marriage hearing. A bunch of same-sex marriage petitions have been filed before the Supreme Court for constitutional validation.

The four other Justices on the bench are Justice Kohli, Justice Kaul, Justice Narasimha, and Justice Bhat. The Justices on the bench opened themselves up to a very intriguing line of arguments especially from the Centre as it continues to strategically place itself against the cause.

The topic of gender and sexuality was broached by Advocate AM Singhvi's arguments first. He made a very interesting choice of words in his argument. He proposed for marriage rights to be granted to 'two consenting adults along bodily gender and sex spectrum' instead of advocating for 'same-sex marriage' rights.

Singhvi's choice of words not only paid its due respect to the queer community but if favoured can mean the world to the community in terms of freedom and liberty.

He pursued that only granting same-sex marriage to the queer community would leave the other members of the LGBTQIA++ community devoid of enjoying the rights that same-sex couples did.

CJI Chandrachud On Same Sex Marriage Hearing & The Centre's Disagreement On Same-Sex Marriage Hearing

The Centre's counsel argued that societal acceptance of relationships is independent of the judgements of the judiciary. SG Mehta argued strongly for the relationship between a biological male and a biological female in the Special Marriage Act.

The CJI interrupted his argument to convey that there is no absolute biological male or female and that gender and sexuality are far more complex than that.

The Centre's counsel then put forward that if such a liberal definition of male and female is granted then it would be problematic for litigation areas like adoption or a 'biological man' appearing as a female under CrPC. Advocates Sibal and Mehta expressed that all of these areas will need to be looked at if one rules in favour of same-sex marriage.

Senior Advocate Mukul Rohtagi argued that sexuality is not limited to the biological male and female and transcends beyond it to welcome those that identify as neither.

Suggested Read: “Right To Life Of Dignity”: Menaka Guruswamy During Same-Sex Marriage Hearing