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SameSexMarriage “We can’t go by what young people think but by provisions of the Constitution”: CJI D Y Chandrachud to Maneka Guruswamy, one of the senior advocate representing petitioners.
Changed tone,tenor of SC post Centre agreeing to form a panel to examine LGBTQ rights increasingly worrying petitioners seeking legalisation of Same sex marriages
The significant oral remark was made in response to an argument by senior advocate Maneka Guruswamy that SC should grant legal recognition to same-sex marriage since "youth from all small towns" have urged for the same.
*"I speak at a lot of events and especially at small towns; and mostly young people in the small towns want to be married... please do not leave them like how we have been left," Senior Advocate Menaka Guruswamy argued for one of the petitioners.
In response, CJI Chandrachud said, "As a Constitutional Court we have an issue. *If we go by what young people feel as a Constitutional Court, then we have to go by what others feel...that is why we have to go with what the Constitution is and what Constitutional morality is. We do not go by popular morality or segmental morality* . If we entertain this argument, then the other side will throw at us what the country wants and we cannot go into that. This is a social institution which is evolving and the Court as a facilitator can ensure that there is some development. If we don't recognize same-sex marriage we do not want you to be with nothing in your hand."
The bench had on last date asked the Solicitor General Tushar Mehta to take instructions from the govt as to what social security benefits, legal rights and welfare measure they can provide the same sex couples to improve their day to day life without legal recognition of marriage
The court had on last date also said it won’t mind being a facilitator to "push" the govt to ease troubles for same sex partners without recognition of same sex marriage