Senior Advocate Mukul Rohatgi began his arguments, seeking recognition of the petitioners as spouses under law.
“That right will be recognized by the State as under the Special Marriage Act and the marriage will be recognized by State after declaration of this Court…because even now, we are stigmatized if we are holding hands and walking, even after the [Article] 377 judgment.“
“In the absence of legislation, how does the Court decide? Is there a contra where courts can intervene or there is a legislative space where courts can intervene?” the CJI asked.
Justice Kaul added the Court would have to examine what the enforceability of the right to marry is.
Appearing for another petitioner, Senior Advocate KV Vishwanathan said,
“We do not have to wait for the legislature, since popular will is an anathema to fundamental rights.“
The CJI cautioned that it also has to allow Parliament to respond to the evolution of society.
“We cannot deny the fact that Parliament is indeed relevant here.“
Source: Barandbench
