Hearing the petition on same sex marriage the Supreme Court on Tuesday said that there is no “absolute concept of a man or an absolute concept of a woman” and gender is “far more complex” than human’s genitals.
The Constitution Bench led by CJI DY Chandrachud responded to the argument posed by the central government which said Special Marriage Act, considers only marriages between a “biological man and a biological woman”.
On Tuesday, the apex court started hearing the group of petitions seeking legal validation on same-sex marriage. The issue has many diversified views in the society.
The Constitution Bench will re-assemble again on Wednesday to hear on the issue.
The centre represented by Solicitor General Tushar Mehta advised the bench to first begin with the maintainability issue. However, the court said it will first understand the issues and let the petitioners to express their arguments.
Mr Mehta further said that as the issue falls under the domain of Parliament and that’s why he was requesting accordingly.
The Solicitor General said Parliament is constitutionally eligible to decide upon any new social relationship.
Responding to Mr Mehta’s statement, Chief Justice CY Chandrachud said that the court can’t be adviced to make any decision and it has to hear the petitioners’ first.
He said that Supreme Court will continue the hearings till Thursday.
