The co-ordination committee of All District Courts Bar Associations said that the issue has far-reaching consequences and cannot be left to the discretion of the courts.
The coordination committee of All District Courts Bar Associations of Delhi expressed their dissatisfaction with the day-to-day hearing on the recognition of same-sex marriages by a Constitution Bench of the Supreme Court, stating that certain issues of complexity and wide-ranging consequences should not be solely determined by the courts, but rather should be addressed by the parliament.
The bar associations acknowledged the important role of the Supreme Court in upholding the rule of law but argued that the ongoing proceedings on same-sex marriages have significant social ramifications that could unintentionally impact society. Therefore, they believe that such matters should be deliberated by the parliament rather than the courts.
“There are certain issues that are deeply entrenched in societal norms, values, and beliefs. These issues require careful consideration and public debate, as any decision or action taken without societal acceptance may have far-reaching consequences,” the associations emphasised.
It was suggested that issues like these should be decided through public debate and discussion in the legislature, as they require a broad-based consensus.
The resolution emphasized the importance of discussing and debating issues with the potential to impact society in Parliament, where elected representatives can consider the opinions and concerns of their constituents.
Furthermore, the resolution pointed out that the legislature did not anticipate the issue of same-sex marriage when drafting various marriage laws, and therefore any judicial interpretation on this matter would be rendered ineffective in the absence of legislative intent.
“In a democratic setup, the duty of law-making is typically delegated by the electorate to its elected representatives. Thus, the legislature would be best suited to foray into the new arenas of law-making, as per the evolving needs of the society. The issue of same sex marriage and its societal, psychological and medical impacts are at its nascent and experimentative stage and thus should be treated with utmost caution and wide consultation and discussions.”
The Bar Council of India (BCI) also passed a resolution on Sunday echoing similar sentiments, urging the Supreme Court of India to defer the issue of same-sex marriage for legislative deliberation.
The Chief Justice of India, DY Chandrachud, has been leading a five-judge Constitution Bench in hearing petitions advocating for the recognition of same-sex marriages in the country. The hearings have been taking place on a daily basis.
Source: https://www.barandbench.com/news/same-sex-marriage-case-after-bci-delhi-bar-associations-object-day-to-day-hearing-supreme-court-says-leave-parliament