Supreme Court hearing on same-sex marriage| India's apex court to hear arguments today

CJI Chandrachud observes there are two words in the Preamble which are not dealt with too often. "First is "and to secure to all of its citizens"..."to secure means enable them to have the protection of law," he says. 

He continues: Then it says "to promote among them all....so it goes beyond the individual."

The Preamble to the Constitution is being invoked to discus how fraternity and dignity of the individual and the unity and integrity of the nation are tied together.

CJI DY Chandrachud: But equally, society can't say that well we'll recognise that right and leave you alone. Rohatgi: Which means the inequality will continue. They'll say we get to marry and people look up to us but you can't.

CJI DY Chandrachud: There are two corresponding rights and duties- on one hand, the LGBTQ community or a same sex couple is entitled to say that I have the right to make my own choices to live as we wish and that's a part of our dignity, privacy.

Justice Rohatgi: Choice of an individual is not an "elitist concept". It is innate. People are born with it. So was Nero born, thousands of years ago.

Justice Bhat: Let's not model ourselves on Nero.

Rohatgi laughs.

The centre again today opposed the Supreme Court hearing of requests seeking legal sanction to same-sex marriages, stating that only the Parliament can decide on the creation of a new social relationship.

Entry 5, concurrent law is agnostic. It's the law of marriage. It's not Hindu, Muslim or Parsi. So I'm reiterating that my preliminary objection be taken first and you may issue notice to states.

CJI DY Chandrachud: We'll reflect on this lunch.

CJI DY Chandrachud, "That's a task for the future generations. The legislative and courts will decide it later."

"Today your lordships may not go into personal law but the window of personal law will open, says Mehta.

Justice Kaul, says "We're saying we're not going into the broader canvas. We're unwilling to go into personal laws. Therefore, they have agreed for the time being to argue on aspects which we're considering."

Chief Justice of India DY Chandrachud raps Mehta.

 "You're underestimating the impact that your argument is having on us. Don't underestimate the impact. It's now our turn to put these questions to Mr Rohatgi."

"This would be better if gone into by the parliament. The parliament has eminent parliamentarians. Parliamentary committees are not acting in the way we see parliament function. Committees have all parties as members," Solicitor General Mehta said.

Chief Justice of India says no such thing as an absolute concept of biological man and woman. SG reiterates to first take up the Centre's plea raising preliminary objection on the petition seeking recognition of same-sex marriage.

SG Mehta tells that there is no legal lacuna in the Transgender Persons (Protection of Rights) Act and the question is not of granting a socio-legal sanction. He apprises the court that it has been clarified that none will discriminate against transgender persons. There are provisions of reservation for transgender, he adds.

A five-judge Constitution Bench headed by the Chief Justice of India DY Chandrachud begins hearing a batch of petitions seeking legal recognition of same-sex marriage