Supreme Court opined that the relationship between same-sex couples is emotional and the notice inviting objections under Special Marriage Act was based on patriarchy.
TMC leader Abhishek Banerjee (File photo)
Expressing support for same-sex marriage, Trinamool Congress (TMC) leader Abhishek Banerjee said that everyone has the right to choose their own respective life partner.
“Everyone has the right to choose their own respective life partner, love has no limit,” he said. Earlier on Thursday, on the third day of the hearing of various petitions seeking marriage equality, the Supreme Court opined that the relationship between same-sex couples is emotional and the notice inviting objections under Special Marriage Act was based on patriarchy.
He further said that the matter is sub judice and India is a democratic country everyone has the right to choose their life partner since love has no religion, love has no boundary and love has no limit.
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“If I want to choose a life partner of my choice, if I’m a man and I’m fond of man, if I’m a woman, I’m fond of woman…hopeful SC will rule in favour of ethos we take pride in,” he said.
The Supreme Court on Wednesday trashed the Centre’s submission that petitions seeking legal recognition of same-sex marriage merely reflect urban elitist views.
The court further countered another submission on the adoption rights of same-sex couples which said that it will have a psychological impact on the adopted children.
The government has no data to show that this is an urban elitist concept or something, observed the five-judge Constitution bench led by Chief Justice of India DY Chandrachud while considering the petitions seeking legal recognition of same-sex marriage.
The Centre in its fresh application moved on Sunday raising preliminary objection on the petitions, has said that petitions seeking legal recognition of same-sex marriage merely reflect urban elitist views.
The court countered the submission and said that something which is innate could not have a class bias.
The court also remarked that since one of the gay or lesbian couples can still adopt a child, the argument that this will create a psychological impact on the child is belied. CJI Chandrachud, however, also remarked when one of the gay or lesbian couples can still adopt a child but the child loses the benefits of parenthood of both parents.
When the hearing began in the morning, Solicitor General Tushar Mehta apprised the Supreme Court that the Centre has filed a fresh affidavit urging the top court to make States and Union Territories parties in the case.
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