BCI Passes Resolution Against Legal Recognition of “Same-Sex Marriage” Asks SC to Leave Issue to Legislative Consideration.
(Judicial Quest News Network)
Hyderabad 24, April, 2023 : In a significant development the Bar Council of India has resolved to request the Apex Court to leave the issue of same sex-marriage to legislative process for wide spread consideration.
The resolution emphasised that India is a diverse country with a mosaic of believes, and any matter that is likely to tinker with fundamental social structure should necessarily come through the legislative process.
The resolution was passed in a Joint Meeting of all the State Bar Councils with Bar Council of India has discussed and deliberated over this agenda.
The Resolution says that the ongoing proceedings before the Constitutional Bench of the Supreme Court in the matter titled as Supriyo @ Supriya Chakraborty versus Union of India [Writ Petition (Civil) No. 1011/2022] and other connected matters is a matter of great anxiety and serious concern for the Bar. The traditional and old aged marriage laws have been challenged by the petitioners of the writ case, on the grounds of being unconstitutional, as our laws do not recognize marriage between the same-sex couples.
India is one of the most socio-religiously diverse countries of the world consisting of a mosaic of beliefs. Hence, any matter which is likely to tinker with the fundamental social structure, a matter which has far reaching impact on our socio-cultural and religious beliefs should necessarily come through Legislative process only, the meeting unanimously opined. Any decision by the Apex Court in such sensitive matter may prove very harmful for the future generation of our country. The release stated.
The resolution unanimously agreed that the Issues pertaining to social and religious connotations should typically be dealt by Courts through doctrine of deference.
The legislature being truly reflective of the will of the people is best suited to deal with such sensitive issues. Every responsible and prudent citizen of the country is worried about the future of his/her children after coming to know about the pendency of this matter before the Supreme Court. More than 99.9% of people of the country are opposed to “the idea of same sex marriage” in our country.
The vast majority believes that any decision of the Apex Court in petitioners’ favor on this issue will be treated to be against the culture and socio religious structure of our country. The Bar is the mouthpiece of the common men and, therefore, this meeting is expressing their anxiety over this highly sensitive issue. The Joint Meeting is of clear opinion that if the Supreme Court shows any indulgence in this matter, it will result in destabilizing the social structure of our country in coming days. The Apex Court is requested and expected to appreciate and respect the sentiments and mandate of the mass of the country.
The report also said that as per documented history, ever since the inception of human civilization and culture, marriage has been typically accepted and categorized as a union of biological man and woman for the twin purpose of procreation and recreation. In such background, it would be catastrophic to overhaul something as fundamental as the conception of marriage by any Law Court, howsoever well-intentioned it may be.
