The Bar Council of India has passed a resolution opposing the Supreme Court hearing petitions seeking legal recognition for same-sex marriage, stating that it is the responsibility of the legislature to deal with such matters.
The resolution notes that India is a socio-religiously diverse country, and any decision regarding such a sensitive matter may prove harmful to future generations.
The responsibility of lawmaking has been entrusted to the legislature under the Constitution, and laws made by the legislature are democratic as they are made after a consultative process.
The resolution states that the issue of legal recognition of same-sex marriage is a matter of serious concern for the bar, and any decision of the apex court in such a sensitive matter may destabilize the social structure of the country in the coming days.
The resolution urges the court to leave the question of recognizing same-sex marriage to the legislature, as it may arrive at an appropriate decision as per the societal conscience and mandate of the people of the country.
According to the resolution, marriage has been typically accepted and categorized as a union of biological man and woman for the twin purpose of procreation and recreation since the inception of human civilization and culture. Thus, it would be catastrophic to overhaul something as fundamental as the conception of marriage by any law court, however well-intentioned it may be.
The resolution claims that more than 99.9% of people of the country are opposed to "the idea of same sex marriage." It states "The vast majority believes that any decision of the Apex Court in favour on this issue will be treated to be against the culture and socio religious structure of our country."
A constitution bench of the Supreme Court began hearing a batch of pleas seeking recognition of same-sex marriage on April 18. The hearing began on a controversial note as the government urged the court to either put the case on hold till it consults with all the states on the issue or hear their concerns in open court. However, the hearing scheduled to continue on April 24 has been put on hold as two of the judges are indisposed.
The resolution of the Bar Council of India raises important issues regarding the role of the judiciary and the legislature in shaping public policy and upholding constitutional values.
The Supreme Court's decision in this matter will have far-reaching implications for the rights of the LGBTQ+ community and the overall socio-cultural fabric of the country. It is essential that the court takes into account the diverse opinions and beliefs of all sections of the society while arriving at a decision that upholds the principles of equality and justice enshrined in the Constitution.
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