In A Rare Event, Bar Council Of India Passes Resolution Asking SC To Leave Same-Sex Marriage Issue To Parliament

The Bar Council of India (BCI) passed a resolution on Sunday expressing great anxiety and serious concern about the issue of same-sex marriage, requesting the Supreme Court to leave the matter for legislative consideration, i.e., to Parliament. 

The BCI believes that the legislature is best suited to deal with the issue as it reflects the will of the people. 

The BCI is of the opinion that more than 99.9 per cent of people in the country are opposed to the idea of same-sex marriage, and any decision of the apex court in the petitioners favour on this issue will be against the culture and social religious structure of the country. 

The BCI believes that if the Supreme Court showed any indulgence in the matter, it would destabilise the social structure of the country in the coming days.

The State Bar Associations were of the unanimous opinion that the issue of same-sex marriage should be dealt with after an elaborate consultation process involving different social and religious groups by the competent legislature. 

The BCI considers law to be a codified societal norm that reflects the collective conscience of its people, and religion being intertwined with culture greatly influences the codification of law and societal norms in any civilised society. 

A five-judge bench of the Supreme Court headed by Chief Justice of India DY Chandrachud is currently hearing a batch of petitions seeking legal recognition of same-sex marriage, which the Solicitor General for India, Tushar Mehta, has opposed, arguing that it is the legislature and not the court that can decide the issue.

This is one of the rare occurrences when the BCI has passed a resolution directly impacting a matter currently being heard by the Supreme Court.