[Same-Sex Marriage] There is No Absolute Concept of Biological Man and Woman says CJI Chandrachud

The Supreme Court while hearing the matter of same-sex marriage in India orally discussed the ambit of biological man and woman. The five-judge Constitution bench of DY Chandrachud, comprising Justice SK Kaul, Justice S. Ravindra Bhat, Justice Hima Kohli, Justice PS Narasimha pointed out that the Special Marriages Act will be delved into for the time being, the SG pointed that as of now, the concept of marriage existed between a biological male and a biological woman. To this, the CJI said, "There is no absolute notion of a man and it is far more complex than that, it is far beyond what your genitals are".

According to a video by News18, the two LGTQ+ activists Surabhi and Paromita agree with what CJI said regarding Gender fluidity.

On being asked about whether the concept of absolute man or absolute woman brings a whole new idea of gender fluidity or not?

To this, Surabhi replied that she agrees that Gender fluidity do exists. She further said that there is no absolute concept of a man or a woman because we have trans people as well as we have transgender people who are biologically not a man or a woman but they can take hormones. They can also go for Sex Reassignment or Reaffirmation surgeries (SRS).

On being asked from the biological point of view, she clearly stated that genitals are specific. There are intersex people who have both male and female genitals internally or externally, therefore it is difficult to say that non-binary people who might not identify with both genders exist.

Paramita was asked about whether it is the job of the court to say who is gender fluid or gender non-fluid, gender binary, or gender non-binary. Or whether the law of the land applies equally to LGBTQIA like other citizens.

Paramita replied to this that every other people is gender fluid. She said that 9 out of 10 people are from the LGBT spectrum. She also said that all homosexual couples should get the rights as heterosexual couples are getting.

“I should have the right to get married to a person I love,” she mentioned.

Lastly, Surabhi also stated her point of view on gender fluidity and sexual orientation and how they are different.