Constitution has broken traditions: Supreme Court on same-sex marriage

The Constitution has been a "tradition breaker", SC said while hearing the same-sex marriage case on Tuesday. Speaking for the Constitution bench comprising CJI DY Chandrachud and justices Sanjay Kishan Kaul, Hima Kohli, PS Narasimha and S Ravindra Bhat said the moment one brings in tradition, "the Constitution itself is a tradition breaker".

"We went so far to hold untouchability as unconstitutional. I do not think any other Constitution says that. Traditions are there to the extent that they are there. But at the same time, let us be alive to the fact that the concept of marriage has evolved," justice Bhat said.

Appearing on behalf of one of the respondents, senior advocate Rakesh Dwivedi argued that the contentious issue of legalising same-sex marriages was best left to Parliament. When Dwivedi submitted that heterosexual couples have the right to marry as per their personal law, custom and religion, Justice Bhat underlined the fact that even inter-caste marriages were not permitted traditionally. However, with passage of time, the context of marriage has changed. CJI said the core elements of marriage were protected by constitutional values.