The Bar Council of India has resolved to urge the Supreme Court to defer the issue of same-sex marriage to the legislative process for extensive consultation, citing its “highly sensitive” nature with social, religious, and cultural implications that necessitate broad deliberation.
Highlighting that marriage has traditionally been understood as the union of a man and a woman for the purposes of procreation and recreation since the dawn of human civilization, the BCI has emphasized that attempting to overhaul such a fundamental concept through the judicial process would be “catastrophic.” The BCI believes that the legislature, which represents the will of the people, is better equipped to address such delicate matters.
“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 Hon’ble Supreme Court”, the Bar Council of India said. It further claimed that “more than 99.9% of people of the country are opposed to the idea of same sex marriage”. According to the BCI, the vast majority of the population believes that any decision of the Supreme Court in the petitioners’ favour will go against the cultural and socio-religious structure of the country.
“The Bar is the mouthpiece of the common man and therefore, this meeting is expressing their anxiety over this sensitive issue”, it said.
“BCI while appreciating the step of the Supreme Court for having started this sensitive conversation, having long-term societal ramifications, resolves to request the Apex Court that the issue at hand be left for the legislative consideration, which after the wide-ranging consultative process, may arrive at an appropriate decision, as per the societal conscience and mandate of the people of our country”, the resolution stated.
Source: https://www.livelaw.in/top-stories/same-sex-marriage-bar-council-of-india-supreme-court-marriage-equality-227008