Lawyers’ Body Passes Resolution Opposing Legal Right To Same-Sex Marriages

The Bar Council of India (BCI) on Sunday passed a resolution opposing the grant of legal recognition to same-sex marriage in the country.

BCI Chairman Manan Kumar Mishra said the resolution has been passed by the Bar after holding a meeting with representatives of all State Bar Councils.

As per documented history, BCI said ever since the inception of human civilization and culture, marriage has been typically accepted and categorized as a union of biological man and woman for the twin purpose of procreation and recreation. In such 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.

Issues pertaining to social and religious connotations should typically be dealt by Courts through the doctrine of deference, the Bar Council said.

“The legislature being truly reflective of the will of the people is best suited to deal with such sensitive issues. 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 Supreme Court. More than 99.9 per cent of people of the country are opposed to the idea of same-sex marriage in our country,” BCI said.

The Council said the vast majority believes that any decision of the Apex Court in the petitioners’ favour on this issue will be treated to be against the culture and socio-religious structure of the country.

“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 the clear opinion that if the Supreme Court shows any indulgence in this matter, it will result in destabilizing 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,” BCI said in a statement.

The Constitution Bench comprising the Chief Justice, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha is dealing with a batch of petitions pertaining to ‘marriage equality rights for the LGBTQI community’.

The Constitution Bench started hearing the petitions on April 18.

Various petitions are being dealt with by Supreme Court seeking legal recognition of same-sex marriage. The Centre has opposed the petitions. One of the petitions earlier raised the absence of a legal framework which allowed members of the LGBTQ community to marry any person of their choice.

According to the petition, the couple sought to enforce the fundamental rights of LGBTQ individuals to marry any person of their choice and said that “The exercise of which ought to be insulated from the disdain of legislative and popular majorities”.

The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.