Need to Redefine Evolving Notion of Marriage: CJI Chandrachud

New Delhi: CJI DY Chandrachud, while hearing the petitioners seeking legal recognition of same-sex marriage, said, “It requires us to redefine the evolving notion of marriage. Because is the existence of two spouses who belong to a binary gender a necessary requirement for marriage? Or has the law now progressed sufficiently to contemplate that the existence of binary genders, may be, but is not necessary for the definition of marriage.”

“Is the relationship between a man and a woman so fundamental to our law and the Special Marriage Act that, for us to comprehend that it would also include a relationship between a same-sex couple would completely undo the tapestry of the legislation?,” asked CJI Chandrachud.

A five-judge Constitution bench of the Supreme Court is continuing its hearing of the petitions seeking legal recognition of same-sex marriage in India for the third day on Thursday. On Wednesday, Central government filed a fresh affidavit, asking the Supreme Court to make all the states and Union Territories in the country a party to the ongoing proceedings.