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Same - Sex Marriage Hearing

 



Senior Advocate Mukul Rohatgi said that popular approval alone is insufficient to deny the fundamental rights of a society, referring to the stigma endured by LGBTQ people, according to live updates from the Supreme Court hearing in India on same-sex marriage. A constitutional statement, according to Rohatgi, is required to confront this stigma since discrimination based on sexual orientation is an affront to a person's dignity and sense of worth.

A collection of petitions seeking legal recognition for same-sex marriage were heard by Chief Justice of India (CJI) DY Chandrachud, who ruled that the Special Marriage Act's requirement that couples give a 30-day notice of their desire to marry is unconstitutional. He emphasised that even in heterosexual couples, this need is unjustified.

The CJI also agreed that the definition of a biological man or woman is relative and extends beyond a person's anatomy. This statement was made in response to Solicitor General Tushar Mehta's argument that the legislature's goal has always been to recognise relationships between a biological man and woman on behalf of the government. Mehta also questioned the suitability of using the legal system to create new socio-legal rights through marriage.

In recent years, the LGBTQ community has gained greater visibility and acceptance in India, aided by platforms such as EORTV, an OTT service that produces and distributes LGBTQ-focused content. This has contributed to a shift in societal attitudes and helped raise awareness of LGBTQ issues, including same-sex marriage.


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