[Same-Sex Marriage] All District Courts Bar Association of Delhi expresses ‘displeasure’ on day-to-day proceedings before Apex Court

The Coordination Committee of All District Courts Bar Associations of Delhi passed a resolution on Monday expressing its ‘displeasure’ on day-to-day proceedings going on before a Constitution Bench of the Supreme Court on the issue of recognizing same-sex marriages.

“Although the highest court of the land plays a pivotal and crucial role in upholding the rule of law and thus maintaining harmony in the society, there are certain issues that are too complex and have far-reaching consequences that they cannot be left to the discretion of the Hon’ble Courts”, the association stated.

The association further stated that the social ramifications of the ongoing proceedings before the Apex Court are “colossal” and have the potential to have an “unintended impact” on the fabric of society.

“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. Such issues require a broad-based consensus that can only be achieved through public debate and discussion. Therefore, it is important that issues that have the potential to affect society at large are discussed and debated in Parliament, where elected representatives can take into account the views and concerns of their constituents”, it said.

It further stated that decisions made in isolation, without the benefit of the view of society are likely to be ineffective and may even be counterproductive, therefore, it is important that such issues are debated in a democratic way in the Parliament, where elected representatives can take into account the views and concerns of their constituents, it said.

Marriage and its incidental issues are blended with the social structure in a manner that touches each and every individual on many levels including cultural, religious, emotional, etc. The resolution stated that the issues at hand “requires wide consultative process” and hence cannot be encompassed within the “limited judicial adjudicatory precincts”, therefore “judicial intervention” in the said matter is “not advisable” on the basis of equity and fairness as well.

It also stated that the legislature while drafting the various laws pertaining to marriage, never envisaged the issue of marriage between the same sexes, hence, any judicial endeavor to interpret the “legislative intent”, when none existed, would be rendered nugatory.

“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 society. The issue of same-sex marriage and its societal, psychological, and medical impacts is at its nascent and experimentative stage and thus should be treated with utmost caution and wide consultation and discussions”, the resolution read.

In related news, all the State Bar Councils along with the Bar Council of India (BCI) in a joint meeting on Sunday resolved that the issue of same-sex marriage should be left for legislative consideration as only the legislature may arrive at an appropriate decision as per the societal conscience and mandate of the people of the country.

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.