The Bar Council of India on Sunday expressed its concern on pleas seeking legal recognition to same-sex marriages, saying that the legislature was best suited to take any decision on the matter as it is “truly reflective of the will of the people”.
In a resolution, adopted in a joint meeting attended by representatives of all the state bar councils, the lawyers’ body, further added that “any decision by the apex court in such a sensitive matter may prove very harmful for the future generation of our country.”
“India is one of the most socio-religiously diverse countries of the world consisting of a mosaic of beliefs. Hence, any matter which is likely to tinker with the fundamental social structure, a matter which has far reaching impact on our socio-cultural and religious beliefs should necessarily come through legislative process only,” the BCI said in a statement.
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. The hearing which was scheduled for Monday was cancelled as two judges of the bench remained indisposed.
Solicitor General Tushar Mehta, appearing for the Centre, had opposed the plea by petitioners on the grounds that it is the legislature that should decide on the matter, and not the courts.
The resolution, which was signed by Manan Kumar Mishra, Chairman of the Bar Council of India, further stated that although it welcomes the Supreme Court’s step in furthering the debate on the matter, it wants the issue to be “left for the legislative consideration.”
The council said that according to documented history, ever since the inception of human civilization and culture, marriage has been typically accepted and categorised as a union of biological man and woman for the twin purpose of procreation and recreation.
“In such a background, it would be catastrophic to overhaul something as fundamental as the conception of marriage by any law court, howsoever well-intentioned it may be,” it said.
The resolution opined, “The joint meeting, thus, is of the unanimous opinion that in view of the sensitivity of the issue of same sex marriage, having a spectrum of stakeholders from diverse socio-religious background, it is advisable that this dealt with after an elaborative consultation process involving different social, religious groups by the competent legislature.”
The BCI asserted that, “More than 99.9 per cent of people of the country are opposed to the idea of same sex marriage in our country,” adding, “The Bar is the mouthpiece of the common men and therefore, this meeting is expressing their anxiety over this highly sensitive issue. The Joint Meeting is of clear opinion that if the Supreme Court shows any indulgence in this matter, it will result in destabilising the social structure of our country in the coming days.”
“The apex court is requested and expected to appreciate and respect the sentiments and mandate of the mass of the country”, it said.