In a significant development, the Supreme Court Bar Association (SCBA) has recently objected to the Bar Council of India’s (BCI) opposition to the Supreme Court hearing of the same-sex marriage case.
The SCBA Executive Committee unanimously passed a resolution criticising the BCI for publicly commenting on the ongoing Supreme Court case. The apex court lawyers’ group claimed that “it was highly inappropriate for the BCI” to release a press statement opposing the Supreme Court hearing.
On April 23, the BCI made public its resolution in which it asked the Supreme Court to refer the question of legalising same-sex unions to Parliament since it has far-reaching implications for socio-religious traditions. The BCI also claimed to be “the common man’s mouthpiece” and that “more than 99.9% of people in the country are opposed to the idea of same sex marriage.”
Taking exception to the BCI’s approach, the SCBA resolution noted that it was up to the Court to determine whether to hear the case or refer it to Parliament. The SCBA further clarified its neutrality on the position, adding that the resolution should not be interpreted as either supporting or opposing the petitioners.
A Constitution Bench led by Chief Justice of India DY Chandrachud and Justices SK Kaul, S Ravindra Bhat, Hima Kohli, and PS Narasimha is hearing a slew of petitions seeking legal recognition for same-sex marriages. The bench has been hearing arguments for six days and will resume the hearing on May 3, 2023.
