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Synopsis

The Bar Council of India on Sunday passed a resolution requesting the Supreme Court to not show any indulgence in the issue of same-sex marriage. The Supreme Court is currently hearing a batch of petitions seeking recognition of marriage between the same sex on the basis of constitutional principles. 

As per the BCI, more than 99% of people in the country are opposed to "the idea of same-sex marriage" and the vast majority believe that any decision of the Apex Court in favour of the petitioners before it will be treated as against the culture and socio-religious structure of the country. 

The BCI held a joint meeting with all the State Bar Councils on April 23, 2023, where the disadvantages of same-sex marriage were discussed.

The Bar Councils in the joint meeting resolved that "issues pertaining to social and religious connotations should typically be dealt by Courts through doctrine of deference and the legislature being truly reflective of the will of the people is best suited to deal with such sensitive issues".

As per the press release issued by the BCI after the joint meeting, if the Supreme Court shows any indulgence in the matter, it will result in destabilizing the social structure of the country in the coming days. 

The BCI has asked the Supreme Court to leave the issue of same-sex marriage for legislative consideration.

"The responsibility of lawmaking has been entrusted to the legislature under our Constitution. Certainly, the Laws made by the legislature are truly democratic as they are made after undergoing thorough consultative processes and reflect the views of all sections of society. The legislature is accountable to the public," the press release stated. 

During the said joint meeting, it was also discussed that as per documented history, 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, therefore, 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.

"There is no gainsaying that the issue at hand is highly-sensitive, commented upon and criticized by various sections of society, including socio-religious groups, for being a social experiment, engineered by a selected few," the resolution passed after the joint meeting stated. 

Therefore, while emphasizing that the Bar is the mouthpiece of the common men, the Bar Councils have requested the Apex Court to appreciate and respect the sentiments and mandate of the mass of the country.