The concept of ‘intimate association’, encapsulated under Article 19 of the Indian Constitution, https://theleaflet.in/i-enter-indian-soil-and-my-union-is-no-longer-recognised-as-marriage-petitioners-on-the-foreign-marriage-act-on-day-4-of-the-hearing/ Gursimran Kaur Bakshi· April 25, 2023 Senior advocate Anand Grover averred that the argument of the Union government that homosexual unions did not exist in the subcontinent in antiquity is disproved by a study of history and culture of this region. He pointed out that it has been clearly accepted by the court in National Legal Services Authority versus Union of India (2014) that such relationships did exist during the British period. https://youtu.be/qdZNqTia7fE?t=1817
He also presented an interesting example where the marriage between a cis-male and a cis-female is valid. During the subsistence of the marriage, if the cis-male assumes a female gender, the law does not say that the marriage becomes void or voidable.
Senior advocate Geetha Luthra, for the petitioners, raised the question of ‘invisiblisation’ of marriage of non-heteronormative couples married outside and returning to India. Pointing out the term ‘comity’, Luthra argued that India cannot be lagging behind in terms of constitutional comity as it is a violation of the provision on discrimination under Article 15 (prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth) of the Indian Constitution. She also informed the court that most democratic and progressive countries have already recognised non-heteronormative marriages. Youtube: https://www.youtube.com/watch?v=qdZNqTia7fE
Vrinda Grover https://youtu.be/qdZNqTia7fE?t=14147 speaks about the Delhi Public Hearing in marriage equality case.. So well argued.. by vrinda for new imagination of family,, going even beyond non-conjugal intimacies..
Advocate Jayna Kothari similarly argued that most transgender persons have no option but to run away from their homes because of discrimination. In this context, the right to marry is extremely crucial as they are given a right to raise a family that can provide psychological and economic support.