Bar Council Of India Requests Supreme Court To Leave Same-Sex Marriage Issue For Legislative Consideration

The Bar Council of India (BCI) has urged the Supreme Court to leave the matter of same-sex marriage to Parliament, calling it a cause of great anxiety and concern for the legal community.

The Bar Council of India (BCI) has expressed their belief that the legislature is better equipped to handle the issue of same-sex marriage.

While stating that the legislative branch is genuinely reflective of the public's will, the BCI argued that over 99.9% of the country's population opposes the idea of same-sex marriage.

They contend that if the apex court rules in favour of the petitioners on this matter, it will go against the cultural and socio-religious framework of the nation. In sum, the BCI believes that their meeting serves as an expression of common people's anxiety over this highly divisive and sensitive issue.

The Bar Council of India (BCI) and state bar councils convened on Sunday to discuss their stance on the ongoing dispute involving the appointment of judges. In a statement released after the meeting, the BCI expressed their belief that any leniency on the part of the Supreme Court would lead to social destabilization in the future. They appealed to the court to respect the wishes of the masses and approach the matter with sensitivity.

All State Bar Associations agree that due to the sensitivity of same-sex marriage, an extensive consultation process including various religious and social groups, by the competent legislature, is "advisable" before making any decisions.

The statement explained that law is a societal norm reflecting people's collective conscience, and religion, being linked to culture, has a significant impact on codifying laws and societal norms in all civilized societies.

Established by the Advocates Act of 1961, the Bar Council of India is responsible for regulating legal practice and education as a statutory body. Its members are elected from each state bar council, and its ex-officio members include the Attorney General for India and the Solicitor General of India. From enrolling new lawyers to upholding professional standards, the BCI serves as the leading legal authority for lawyers.

The Supreme Court, led by Chief Justice of India DY Chandrachud, is hearing petitions seeking recognition of same-sex marriage. However, the Centre, represented by Solicitor General Tushar Mehta, is opposing the plea, arguing that the issue is within the purview of the legislature, rather than the court.