In response to the Centre’s submission in the matter, Chief Justice of India DY Chandrachud said that the govt does not have any data whatsoever to show that this is an urban elitist concept.
The Centre has raised its strong objections to the Supreme Court hearing the same-sex marriage case and contended that only the legislature can decide on the creation of a new social relationship.
State Can’t Discriminate On Basis Of An Individualu2019s Characteristic: SC The top court stressed that the state cannot discriminate against an individual on the basis of a characteristic over which the person has no control, and something which is innate cannot have a class bias.
Senior advocate Abhishek Manu Singhvi, representing some of the petitioners, submitted before a five-judge bench headed by Chief Justice of India D Y Chandrachud that a person`s sexual orientation is intrinsic, it is connected with their individuality and identity, a classification which discriminates against persons on their innate nature would be violative of their fundamental rights and cannot withstand the test of constitutional morality.
At this juncture, the Chief Justice said, The state cannot discriminate against an individual on the basis of a characteristic over which the person has no control. Singhvi agreed and this is very simply put and that is also the essence of it.
The Chief Justice further added, When you say it`s an innate characteristic, it`s also an answer to the argument in response to the contention that it is elitist or urban or it has a certain class bias. Something which is innate cannot have a class bias… it may be more urban in its manifestations because more people in urban areas are coming out of the closet.
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Same-Sex Marriages: Supreme Court Says No Govt Data To Show It Is ‘Urban-Elitist’ Concept
By tirupatinews
