Supreme Court of India
Same Sex Marriage
J Sai Deepak
CJI DY Chandrachud
He started by saying, "The first law of thermodynamics effectively encapsulates the entire position when it comes to physics from there all corollaries flow. So the central position that is effectively placed before my lords is with respect to the distinction between fetters and powers, which is to say that this particular area which the petitioners seek to espouse before my lords falls within either the prohibited areas or it is something which falls within the area for my lords' adjudication. That is the central issue." Continuing, he submitted, "The question of legislative competence is just one aspect of this issue which hinges on separation of power, but I go a step further which is to say that when the petitions raise the question of change in heteronormative attitudes, does the society have a right of agency to participate in these proceedings of not or at least in this particular issue or not. Because this is not a question of separation of territories between different organs of the state, but it fundamentally hinges on the right of the agency of the society to participate in this particular discussion and that is the central problem in these kind of issues and subjects are taken up by the court of law as opposed to leaving it for legislative prerogative to apply its mind". They Have a Cause, But Not a Case Commenting on the case of the Petitioner, J Sai Deepak contended that "during the course of these proceedings over the last two weeks we have heard the submission being made, that it is a liberal democracy, liberal documents so on and so forth. Does it mean that social conservatism has absolutely no place within the remaining of the constitution? Does it mean society does not right to draw a few red lines to basically say thus far and no further? That is the central question". He submitted that he represents a women's organization which equally represents the rights of children. He said that as a civil society organization, the question that has been raised is whether the nature of the prayers raised in the petition has the consequence of "individualizing a socio-centric institution such as marriage". He explained "individualization" by submitting that it is the argument that as long as it is a transaction between two individuals who are consenting and who are not prohibited by any prohibition of degrees, the rest of the so society has absolutely no say as far as this institution is concerned. He said that this fundamentally demeans the institution of marriage and takes away its social character. "I am sorry to say this, and let me try and tone down the rigour of my submission, to the extent of saying, I believe they have a cause- I just don’t believe they have a case", he said. "The cause is different from the case, and it is important for the Court to seriously consider one aspect here. When there are issues of legislative competence this another figure so to speak which is involved and that figure's powers come under Article 111 of Constitution, which is to say that if a legislative proposal ultimately meets with the consent of both the houses, ultimately it has to pass and the Hon’ble president has the power to recommend amendments to a legislation", he argued. Article 111 talks about the assent of the President required by laws passed by the Parliament. He submitted that the petitions raised the question of changing the paradigm with respect to the heteronormative attitude of legislations in general and that it is not just about the Special Marriage Act.
Important - If you have anything against my uploads or have any suggestions, please contact me at legaltodaydg@gmail.com.
lawyer
attorney
immigration lawyer
lawyers near me
personal injury lawyer
divorce lawyer
car accident lawyer
divorce lawyers
bankruptcy attorney
law firm
barrister
divorce attorney
family law
divorce lawyers near me
solicitor
employment law
real estate attorney
family law attorney
criminal defense attorney
divorce attorney near me
david boies
attorney at law
bankruptcy lawyer
law office
corporate law
law firms near me
car accident attorney
immigration attorney
tax attorney
workers comp lawyer
bankruptcy lawyers near me
malpractice lawyer
medical malpractice lawyer
employment attorney
family lawyer near me
accident attorney
michael avenatti nike
estate planning attorney
probate lawyer
tax lawyer
injury attorney
medical malpractice attorney
law offices near me
dui lawyer
@lawnowTV
#law #judge #advocate #jsaideepak #marriage #humanrights #homosexuality #uddavthackeray #eknathshinde #politicalnews #maharashtra #maharashtranews #politics #parliament #constitution #lawyer #court #courtlive #argument #legal #ias #ips #police #judiciary #learnlaw #supremecourtofindia #younglawyers #highcourt #patnahighcourt #bihar #cpc #evidence #biharjudiciary #biharjudicial #bpsc #patnapolice #biharpolice #gujaratpolice
