Inside the SC's hearing on same-sex marriages

Brut India

"Majority cannot decide the rights of a minority." They wore their emotions on their sleeves, and called history and precedence to action, as they made their case for same-sex marriage in India.

Transcript

00:00Biological man means biological man. It's not a question of notion.

00:04Biological man is not a definition of what your genitals are. It's far more complex.

00:09They may be a minority, but the majority cannot decide the rights of a minority.

00:17None of us knows what are the views of a farmer in South India,

00:22a businessman in the North East.

00:26We cherish and desire the same institution between two people as is available to the

00:33others, which is not the concept of marriage, the concept of family,

00:38because marriage and family is respected in our society.

00:55Even Special Marriage Act has been a relationship between a biological male and a biological female.

01:15The very important value judgment which you are making, that the very notion of a

01:19biological man is absolute, or the notion of a biological woman is also an absolute notion.

01:26Biological man means biological man. It's not a question of notion.

01:32Yes, of course it is. There is no absolute concept of a man or an absolute concept of a woman at all.

01:38Biological man means man only. It means biological man.

01:43Biological man is not a definition of what your genitals are. It's far more complex.

01:48And procreation in today's scenario can also include adoption, IVF, surrogacy.

01:58Need not only be procreation in one form.

02:01I cannot be told that I must wait for parliament. Somebody should then enact after I'm dead and gone.

02:08And instead of the words colonial legislation, we can use the words colonial mindset.

02:16Society has evolved, but some parts of that mindset remain,

02:20which is evident from the stand of the respondents, including that of the states.

02:24Our morality was very, very different, far more advanced, non-Victorian,

02:28not stereotyped, not stigmatized in this form. But then it changed.

02:35The Hindu Code came in 1950. Parliament was not ready.

02:40The Hindu Code was not only the Hindu Marriage Act.

02:43It had an option, success, so many things.

02:46So, it's not accepted. Dr. Ambedkar had to resign.

02:49The state cannot discriminate against an individual on the basis of a characteristic

02:54over which the person has no control.

02:55Exactly.

02:58The relationship between a man and a woman.

03:01Yes.

03:02So fundamental.

03:03Yes.

03:04To our law and therefore the Special Marriage Act.

03:07Yes.

03:07That for us to comprehend that it will also include a relationship between a same-sex couple.

03:13Be completely redoing the tapestry of the legislation.

03:16Way back in 1956, the iconic Justice Vivian Bose said,

03:23the Constitution also exists for the common man, for the poor and the humble,

03:27for those who have businesses at stake, for the butcher, the baker, and the candlestick maker.

03:33He said, yes.

03:33It is in this context that it's important for me to state

03:36who the two petitioners I am representing are.

03:40Bhavna works as an accountant in a company in Chandigarh.

03:50And Kajal works as an assistant in a bakery in Chandigarh.

03:57She is the baker whom Justice Vivian Bose had in mind.

04:02If we can be, my Lord, sons, daughters, brothers, sisters, brothers-in-law, sisters-in-law,

04:12uncles, aunts, friends, and partners after your Lordship's judgment,

04:19what is it that holds back from giving us that status of a married spouse?

04:27Is procreation a valid defense for negating, my Lord, the rights of recognition of marriage?

04:35People who have decided not to have children,

04:38who cannot have children, heterosexual couples, are allowed to marry.

04:44They may be a minority, but the majority cannot decide the rights of a minority.

04:50Twelve out of the G20 countries, including the European Union,

04:57have permitted same-sex marriages in about 34 countries of the world.

05:04But virtually every democratic, progressive country of the world

05:10has recognized same-sex marriages.

05:14We cannot be behind.

05:15The Indian parliament is a creature of the constitution

05:20and does not enjoy unfettered sovereignty.

05:23My Lords have been that North Star, not just for LGBTQ rights.

05:30My Lords have been that North Star in many facets of fundamental rights.

05:36Free the legislature, walking the talk.

05:39We are part of we the people, and we are citizens of this country.

05:45Parliament cannot be the reason to exclude us from this gamut of our constitution.

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