Same-sex marriage case in SC: Petitioners quote from ancient Indian texts

Senior advocate Mukul Rohatgi arguing for the petitioners who have sought the legalisation of same-sex marriage said that there is a need to 'push society to acknowledge them as equals in all respects as the Constitution says so,'

"The argument of the other side is - a 'biological man', a 'biological woman' and their union will lead to procreation that is the order of nature. They are saying I'm 'abnormal'. What is 'normal' is the majority... but that is not the law, that is a mindset. The important thing is deconstructing the hetero-normative framework," Rohatgi argued.

He also referred to a face painting of Khajurao and differentiated between popular morality and constitutional morality. "Popular morality cannot defer the decisions of this court for the legislative process, constitutional morality will become a habit when upheld by this court," he said.

The Victorian morality issue came in 1800s.If you go back to the Indian texts, for hundreds of years, these non-heterosexual acts were depicted on walls for thousands of years. Our morality was very different, far more advanced and not Victorian, stereotyped or stigmatised, he said.

"What I am really requesting declaration of marriage is really a paraphrasing of this. I walk into a public space with my partner knowing that the law and the state recognises this union as a marriage, no one will raise stigma against me. I require beyond the badge that I am 'married. I also want the positive and affirmative consequences of a valid marriage, "Rohatgi argued on behalf of the petitioners.

To this Justice Sanjay Kishan Kaul said, 'everything cannot change at once.

Rohatgi stressed to the court that the social conventions, while influenced by a multiplicity of factors, remain governed to a large extent by what the law says, even if society itself has not yet understood or accepted the change.

"Sometimes the law takes the lead. I gave you the example of Widows Rights to Remarry Act, which came in the 1800s. Society was not even ready until 1900. There the law acted with alacrity, Rohatgi said.

Earlier today when hearing on the matter began, the Centre informed the Supreme Court Bench headed by Chief Justice of India, D Y Chandrachud that it wanted the participation of the States on the matter.