Senior Advocate Vishwanathan argued passionately in court for the recognition of same-sex marriages and the rights of LGBTQIA++ individuals. He highlighted that sexual orientation should not be a basis for denying marital status and protection under the law, as it is beyond one's control and does not conform to heterosexual norms.
He dismissed the notion that procreation is a valid defence to negate the right to marriage, stating that marriage is the coming together of two souls and not solely for procreation purposes. Mr Vishwanathan also emphasised the importance of equality and non-discrimination, citing examples of other forms of unions, such as live-in relationships, recognised under the law.
He referred to the Transgender Persons (Protection of Rights Act) 2019, which grants rights to transgender persons, including the right to marry a person of choice irrespective of gender. He further highlighted the need for comprehensive laws that harmonise adoption, maintenance, and juvenile justice for the LGBTQIA++ community, citing a Hawaiian case where empirical data showed that LGBTQIA++ individuals could provide a safe and nurturing upbringing for children as heterosexual couples.
Mr Vishwanathan also cautioned against arguments that denying rights based on procreation ability could result in denying other rights if taken to a logical end. He urged recognising the civil and political rights of LGBTQIA++ individuals as equal to those of heterosexual individuals. He emphasised that special neutrality would not save discriminatory practices from the force of equality jurisprudence.
In summary, his arguments revolved around equality, non-discrimination, recognition of same-sex marriages, and protection of the rights of LGBTQIA++ individuals, including the right to marry a person of choice irrespective of gender. He emphasised that sexual orientation should not be a basis for denying rights and that all individuals, regardless of their sexual orientation, deserve equal treatment under the law.
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(With input from news agency language)
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