When Article 370 was abrogated, the Opposition was aghast. They attempted to take the Government to the cleaners for this “unpardonable sin”, but one MP, Jamyang Tsering Namgyal, gave them a living nightmare with his effective rhetoric and his near perfect analogies, often giving the Opposition a taste of their own medicine. I don’t know why, but Solicitor General Tushar Mehta conduct on the issue of same sex marriage reminded me of the same.
Trying to Enlighten you about the Solicitor General Tushar Mehta, and how he shut down the illogical arguments of the pro same sex cabal without a sweat.
A Taste of their own Medicine
Recently, the Supreme Court quite invested itself in the issue of same sex marriage and its ‘possible’ legalization. Whether for or against, there was hardly any scope for nuance. At many instances, even CJI DY Chandrachud didn’t hesitate in showing his open support the pro LGBT cartel.
Read more: Pious obligation: Calcutta High Court delivers a jolt to “ghar todu type bahus”
Now few would have the courage to stump CJI Chandrachud by using his own logic. But not Tushar Mehta. The Solicitor General of India, representing the government, made the pro same sex cabal, especially CJI Chandrachud, gasp for breath with his impeccable conduct, and almost irrefutable arguments.
Solicitor General Tushar Mehta explains the Supreme Court on various gender identities that exist and explains what Fluid gender means, also explains gender as per mood swings and surroundings [Watch]#SupremeCourt #SupremeCourtofIndia #SameGenderMarriage pic.twitter.com/BpwJBQoyTG
— Bar and Bench (@barandbench) April 26, 2023
To begin with, Tushar Mehta took up the case of incest. As the pro same sex cabal, passively backed by CJI Chandrachud, was adamant on having the case legalized at any cost, Tushar mentioned, “The way you mention, someone could even question the case of incest. I can marry my sister too, will that be legalized? Anyway, there is no absolute concept of biological genders, is it?”
“Will genders according to mood swings be legalized?”
Until then, CJI Chandrachud was in this position: Come what may, nothing can stop me from legalizing same sex marriage. However, he was in for a shock, when Tushar Mehta questioned the very existence of the concept of the “Gender Fluidity”
To quote his statement, “As per the definitions, the Gender Fluidity, there are genderless people; gender as per mood swings, cannot reconcile with statutes. Will marriages of such kind be valid as well?”
Now who has a rebuttal for that?
What next, Mr. Chandrachud?
But a crucial question still remains: What next? If CJI Chandrachud continues with his adamant stance, it will have a profound impact for two reasons.
SG Tushar Mehta tears apart the Supreme Court right on our honourable judges' face. Great to see such aggression backed by logic and facts, something rare to be seen by our judges.#SameSexMarriacge pic.twitter.com/vVPcgWF8d6
— Barkha Trehan 🇮🇳 / बरखा त्रेहन (@barkhatrehan16) April 27, 2023
One: This would prove that for maintaining his opinion supreme, Chandrachud won’t hesitate to even misuse his position, making it a clear case of judicial overreach. This has already infuriated many folks, including the Bar Council of India, who have unanimously passed a resolution against the same, maintaining that such processes require the involvement of the legislature as well.
Read more: Marriage equality in the US and lessons for India
Second: If CJI Chandrachud manages to override the concerns, this might spell doomsday for the collegium system as well. Now that’s something Chandrachud would never want, but if he had gone on like that, he would have served the very opportunity to the Executive on a platter. Maybe that’s why he chose to call it a day on this matter, what do you think?
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