5 years later, someone might challenge provisions prohibiting incest: Central government to Supreme Court in same-sex marriage case

The Central government on Thursday argued that if unbridled personal autonomy is permitted in terms of sexual orientation, it could potentially be used to challenge provisions that prohibit incest..The argument was made by Solicitor General (SG) Tushar Mehta before a Constitution Bench led by Chief Justice of India (CJI) DY Chandrachud which has been hearing the case for legalisation of same-sex marriage in India. .SG Mehta was arguing against the petitioners' claim that it is their right to choose their sexual orientation.However, the CJI clarified that the petitioners were actually arguing that sexual orientation is not a matter of choice, but rather an innate characteristic..Mehta mentioned two schools of thought on the matter, one stating that sexual orientation can be acquired and the other stating that it is innate. He then presented a hypothetical scenario of someone being attracted to a family member and claiming autonomy in engaging in such a relationship in private. He argued that if sexual orientation is considered a valid reason for autonomy, a prohibition on incest could also become a subject matter of challenge in the future."Please visualise a situation five years down the line. I am attracted to someone in the prohibited (degree of) relationship. Incest is not uncommon across the world and it is prohibited. Someone is attracted to their sister and claims autonomy and is doing something in private domain. Now cannot this (provisions against incest) be challenged saying, 'How can this be prohibited'?" he argued..The CJI, however, called the scenario far-fetched and dismissed Mehta's argument, stating that sexual orientation cannot be exercised in all aspects of marriage and that it cannot be used to justify allowing incest. "But this is far fetched. Sexual orientation and autonomy cannot be exercised in all aspects of marriage. It cannot be argued that sexual orientation is so strong that incest be allowed," he said..[Watch the entire hearing here].Read live updates from the hearing here.