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‘Not conceived as criminal, but neither as a person’
Updated On: 19 April, 2023 08:48 AM IST | New Delhi | Agencies
Petitoners tell SC; CJI says notion of biological woman or man isn’t ‘absolute’
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LGBTQ members take part in a pride parade, in Nagpur, on January 7, 2023. PIC/PTI
The very notion of a man and a woman is not “an absolute based on genitals”, the Supreme Court said on Tuesday while discussing the ambit of gender and whether it expanded beyond the biological sex of a person.
In a day-long hearing on the pleas seeking legal validation for same-sex marriages, a five-judge constitution bench headed by Chief Justice D Y Chandrachud took note of submissions in favour and against the petitions, and one of them was that even the Special Marriage Act has terms like “a man and a woman” and hence using term ‘person’ instead may unsettle existing statutes.
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