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'Constitution Is a Tradition Breaker': SC During Marriage Equality Hearing

“The moment you bring tradition, the constitution itself is a tradition breaker," Justice S Ravindra Bhat said.

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The Supreme Court on Tuesday, 9 May, said that the Indian Constitution is a "tradition breaker," resuming the hearing of petitions seeking legal recognition for same-sex marriages in the country.

Senior lawyer Rakesh Dwivedi questioned where the right for persons in same-sex relationships to marry could be a fundamental right, adding that the matter should be addressed by the Parliament.

“So, you concede the fact that there is a right to marry under the constitution but that is confined to heterosexuals?" Chief Justice DY Chandrachud asked.

“The moment you bring tradition, the constitution itself is a tradition breaker. Because the first time you brought in 14, you brought in 15, and 17, those traditions are broken," Justice S Ravindra Bhat said, pointing that inter-caste marriage was not legal 50 years ago.
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