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Sunday, April 14, 2024

Same-Sex Marriage: Can Supreme Court be the alternative Parliament?

“Same-Sex Marriage: Can Supreme Court be the alternative Parliament?”, Organiser, April 30, 2023:

“I have no representation in Parliament. That is why it is the Courts we come to.” These were the words used by Senior Advocate Mukul Rohatgi (as reported by Bar and Bench) in the Hon’ble Supreme Court, in the matter of legalising same-sex marriages. Sr. Adv. Rohatgi appeared for persons seeking legal recognition of same-sex marriages and the consequent legal benefits such as the right to adoption etc.

The words in quote precisely sum up a sentiment which is today finding more and more metaphorical sellers in the Bar and buyers in the Bench. If Parliament does not help you, go to court. Or to put differently, if the law is not in your favour, go to court.

This idea was not born overnight. It perhaps marks the culmination of a phenomenon which started long back. Over the years, the Hon’ble Supreme Court has tremendously expanded the ambit of Part III of the Constitution (Fundamental Rights). Many new rights were given the status of Fundamental Rights….”

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