Wednesday, April 26, 2023

Same-Sex Marriage Hearing Live Updates: SG Tushar Mehta says religions have always recognised only heterosexual marriages

 

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SC Same-Sex Marriage Hearing Live: Chief Justice of India DY Chandrachud had said earlier that the Centre's submission, stating the petitioners have given an "urban, elitist" view, has no data to support it. (Express Photo by Amit Mehra, left, and Express Photo of a pride parade in Chandigarh in 2023, right, by Kamleshwar Singh)

India Same-Sex Marriage, Supreme Court Hearing Today Live: Solicitor General Tushar Mehta begins his submission for the Centre and says religions have always recognised only heterosexual marriages. He adds, “My respectful submission is that the only constitutional option before the Court is to leave it to the Parliament.”

Mehta also mentions that right to marry does not include the right to compel Parliament to change the definition of marriage.

Previously, Chief Justice of India (CJI) D Y Chandrachud observed that the elitism argument of the Centre is “just prejudice and has no bearing on how the Court will decide the case.”

The government last week had stated in its application 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.

Live Blog
Supreme Court is hearing petitions to legalise same sex marriage; scroll down for updates from the hearing.
Why is the same-sex marriage case in the Supreme Court?

A five-judge Constitution Bench headed by Chief Justice of India (CJI) D Y Chandrachud and also comprising Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and P S Narasimha, is hearing a batch of petitions seeking legal recognition for same-sex marriage.

The court had referred the pleas to a Constitution Bench on March 13, saying questions of “seminal importance” were involved. A three-judge Bench headed by the CJI had said the submissions related to an interplay of constitutional rights and specific legislative enactments including the Special Marriage Act on the one hand, and the rights of transgender couples on the other. Read our explainer on the specific issues raised by the petitioners.
And what has the Court said so far?

The Supreme Court said in the first three days of the hearing that it would not be looking into issues of personal laws, which govern matters such as marriage and divorce for different communities and religious groups, and will restrict itself to the Special Marriage Act of 1954. This Act governs a civil marriage where the state sanctions the marriage rather than the religion. Here's an explanation.

While Solicitor General Tushar Mehta argued that deciding on same-sex marriage in India comes under the Parliament's domain, the government is yet to present its arguments to the Court. So far, petitioners have discussed a range of topics, including the need for marriage as something that bring with it "a bouquet of rights" related to joint bank accounts, transfer of pensions, etc.

For a detailed recap, do read our highlights blog from the first three days of the hearings.
 

Revenge, drugs, jail: How a bizarre plot landed a Bollywood actress in Sharjah prison

 

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It is often believed that fiction imitates reality. A recent case that landed Bollywood actress Chrisann Pereira, who was seen in films like Sadak 2 and Batla House, in a Sharjah prison, is nothing short of a fictional account.

On the face of it, the actress was lodged in a Sharjah prison in UAE on charges of drug smuggling, but the real case appears to be much more layered than that.

After the 27-year-old was arrested on charges of drug smuggling, two people were arrested by the Mumbai Crime Branch on charges of framing the actress. The duo are said to have planted the drugs on her to get their revenge.

The prime accused is Anthony Paul, a resident of Borivali in Mumbai who runs a bakery, and his accomplice is one Rajesh Babhote aka Ravi, a resident of Sindhudurg district. The two men allegedly sent drugs hidden in a trophy with the actress. Once the planted drugs were discovered by the Sharjah authorities, Pereira was arrested by the police.

SPOTLIGHT

Her family alleged that Periera was framed as part of an act of revenge against her mother, Premila Pereira. Paul had framed four other people in a similar manner.

WHAT HAPPENED

Premila received an SMS on her mobile about real estate-related work. When she called back, Ravi answered and they subsequently met at his office. He asked her about her family, and she revealed that her daughter worked in films.

Ravi then told her that he owned a talent management company named ‘Talent Pool’ and claimed to be looking for an actress for an international show. A meeting with Chrisann was subsequently arranged, where she was told that she had been selected, and that she had to go to Dubai for the audition.

Chrisann’s tickets to Sharjah were booked for April 1, and from there she was to go to Dubai. Her stay at Hilton hotel was booked too. But before her departure, Chrisann was given a trophy – which, unbeknownst to her, had drugs in it – and was told that it was required for the audition. She then carried it with her.

However, when the actress reached Sharjah, she checked with the hotel, which confirmed that there were no bookings in her name. She approached the police, and upon checking they found drugs inside the trophy and was detained.

Once her family came to know about the arrest, they approached the police and informed them about the incident. Joint Commissioner of Police, Crime, Lakhmi Gautam, started the probe into the case and an FIR was lodged at Vakola police station.

Upon further investigation, the police learnt that the plan was hatched by Paul, and Ravi helped in the execution. Paul has been arrested and Ravi is being questioned.

The police will also contact the authorities in the Ministry of External Affairs, and will share its inputs with the UAE authorities.

WHY IT HAPPENED

The plot was hatched as Paul wanted to take revenge on Chrisann’s mother. Apparently, one of Paul’s sisters stays in the same building as Chrisann’s mother. During the lockdown in 2020, when Paul had gone to see his sister, Premila’s pet dog barked and tried to pounce on him.

Paul picked up a chair as he tried to hit the dog. Premila, who saw this, rebuked and insulted him in front of several other residents of the building. It is believed that in order to take revenge for the incident, Paul hatched the plan to frame Chrisann in the case.

Also read: Delhi: DPS gets bomb threat; police say no suspicious objects found
 

Same-Sex Marriage Hearing Live Updates: SG Tushar Mehta says religions have always recognised only heterosexual marriages

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