Bar Council of India asks Supreme Court to leave the issue of legalising same-sex marriage for legislative consideration

New Delhi: The Bar Council of India (BCI) on Sunday in its meeting resolved to request the Supreme Court of India to leave the same-sex marriage issue for legislative consideration.

The BCI resolved this decision of requesting the Supreme Court to leave the same-sex marriage issue for legislative consideration, in a joint meeting held on Sunday with all the State Bar Councils in the country.

The BCI in its letter, said that India is a diverse country with a mosaic of beliefs, and any matter that is likely to tinker with the fundamental social structure should necessarily come through the legislative process.

"Any decision by the apex court in such a sensitive matter may prove harmful for the future generation of the country. We request the Supreme Court to appreciate and respect the sentiments and mandate of the mass of the country and leave the issue of same-sex marriage for legislative consideration only," the BCI, in its statement, said.

The BCI is a statutory body created by Parliament to regulate and represent the Indian bar. It perform the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.

The BCI said that more than 99.9 per cent of people in the country are opposed to "the idea of same-sex marriage". 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 our country, the BCI, in its resolution, stated.

Bar is the mouthpiece of the common men and, therefore, this meeting of today held on Sunday, is expressing their anxiety over this highly sensitive issue, the BCI said.

It further said that the issue 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 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. This, in addition to it, being socially and morally compunctive," the BCI said.

Thus, the resolution, passed by the BCI, unanimously agreed that the issue of same-sex marriage, having a spectrum of stakeholders from diverse socio-religious backgrounds, should be dealt with after an elaborate consultation process involving different social and religious groups by the competent legislature.

The resolution of the BCI further said that 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 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 BCI said.

"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. 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," the resolution of the BCI said.

The same sex marriage petitions would come up for hearing before the Supreme Court's five-judge constitution bench likely after Monday. (UNI)