NEW DELHI: The Bar Council of India and state bar councils on Sunday opposed any decision by the Supreme Court on the right to marriage of same-sex couples and said given the country’s social, cultural and religious diversity, the issue must be left to Parliament.
A joint meeting of the BCI and state bar councils presided over by chairperson Manan Kumar Mishra passed a resolution saying India being one of the most socio-religiously diverse countries, “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”.
“Any decision by the apex court in such a sensitive matter may prove very harmful for the future generations of our country,” the resolution said, adding, “There is no gainsaying that the issue at hand is highly sensitive, commented upon and criticised by various sections of society… This, in addition to it, being socially and morally compunctive”.
Requesting the SC to leave the issue for consideration by Parliament, the regulatory bodies said the highest court must defer to the people’s will reflected through Parliament.
“More than 99.9% of people of the country are opposed to the idea of same-sex marriage in our country. The vast majority believes that any decision of the SC in the petitioners’ favour on this issue will be treated to be against the culture and socio-religious structure of our country,” the resolution said.
“The bar is the mouthpiece of the common people 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 destabilising the social structure of our country in the coming days,” it added.
The advocates’ regulatory bodies unanimously agreed that conferring the right to marriage on same-sex couples involved law making in a democratic set-up and said it was advisable that the legislature undertake an elaborate consultation process involving a spectrum of stakeholders to understand diverse views of different sections of society.
“Law is essentially a codified societal norm that reflects the collective conscience of its people. Moreover, religion being intertwined with culture greatly influences the codification of law and societal norms in any civilised society. As per documented history, ever since the inception of human civilisation 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, however well-intentioned it may be,” the resolution said.
A joint meeting of the BCI and state bar councils presided over by chairperson Manan Kumar Mishra passed a resolution saying India being one of the most socio-religiously diverse countries, “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”.
“Any decision by the apex court in such a sensitive matter may prove very harmful for the future generations of our country,” the resolution said, adding, “There is no gainsaying that the issue at hand is highly sensitive, commented upon and criticised by various sections of society… This, in addition to it, being socially and morally compunctive”.
Requesting the SC to leave the issue for consideration by Parliament, the regulatory bodies said the highest court must defer to the people’s will reflected through Parliament.
“More than 99.9% of people of the country are opposed to the idea of same-sex marriage in our country. The vast majority believes that any decision of the SC in the petitioners’ favour on this issue will be treated to be against the culture and socio-religious structure of our country,” the resolution said.
“The bar is the mouthpiece of the common people 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 destabilising the social structure of our country in the coming days,” it added.
The advocates’ regulatory bodies unanimously agreed that conferring the right to marriage on same-sex couples involved law making in a democratic set-up and said it was advisable that the legislature undertake an elaborate consultation process involving a spectrum of stakeholders to understand diverse views of different sections of society.
“Law is essentially a codified societal norm that reflects the collective conscience of its people. Moreover, religion being intertwined with culture greatly influences the codification of law and societal norms in any civilised society. As per documented history, ever since the inception of human civilisation 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, however well-intentioned it may be,” the resolution said.