Right to free speech is not unqualified right, right to association is not unqualified, personal liberty is not unqualified, right to life. Justice Bhat asked: "Is it part of Article 21 or not part of it? We have to start with the premise that there is no unqualified right. with all this, the question is does a person or citizen have a right to marry". And, we have gone ahead carved and discovered so many rights - to personhood, right of choice, right of left alone, privacy, dignity. Narasimha, said it is not on heterosexual, "does any citizen of this country for whom this court, our society, our polity, has placed the individual at that highest pinnacle. Chandrachud asked senior advocate Rakesh Dwivedi, representing the Madhya Pradesh government, "forget the issue of same sex, does anyone have a fundamental right to marry? Or, is there no fundamental right to marry at all? Because your submission is that no one has a fundamental right to marry".ĭwivedi said that so far the marriage is between two heterosexual individuals. New Delhi, May 9 (IANS) While hearing a bath of pleas for same-sex marriages, Supreme Court on Tuesday queried whether anyone has a fundamental right to marry, or is there no fundamental right to marry at all and stressed that the Constitution itself is a tradition breaker.Ī five-judge bench headed by Chief Justice of India D.Y.
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