New Delhi: On the fifth day of the same-sex marriage hearing by a 5-judge Constitution Bench, Chief Justice D Y Chandrachud observed that the elitist argument of the Centre is "just prejudice and has no bearing on how the court will decide the case."
Appearing for the Centre in the second half of the day's arguments, Solicitor General Tushar Mehta said right to marry can't compel the government or Parliament to change the definition of marriage. He gave compilation of the countries where legislatures decided the matter.
The hearing remained inconclusive and will continue on Thursday with Mehta's juniors told to discuss the tabulations given by the other side.
Govt's stand on same-sex marriage
Last week, the government had stated that what has been presented to the court on the subject by the petitioners is "a mere urban elitist view" and "the competent legislature will have to take into account broader views" of various sections.
Mehta said religions have always recognised only the heterosexual marriages and so only constitutional option before the Court is to leave it to Parliament.
He said the Court's problem is to delve into regulating relationships because nobody knows what the ++stands for the LGBTQAI++ SPECTRUM. He said: "Court can't read the law in a way that there is an unintended impact on heterosexual couples."
