BAR to Bench: Let the Same Sex Marriage issue to Decide by Legislatures

The Bar Council of India and State Bar Councils have expressed serious concern over the Supreme Court of India’s view on same-sex marriage. Members of the Bar sent a letter requesting the Supreme Court of India to leave this sensitive matter of same-sex marriage to the Parliament. It should be the responsibility of them to make appropriate laws for the happiness of all sections and individuals of the society.

Calling it a matter of great concern and grave concern for the Bar, the Bar Council of India (BCI) on Sunday passed a resolution urging the Supreme Court to leave the issue of same-sex marriage to Parliament for “legislative consideration”.
Asserting that the legislature “reflects the will of the people” and is best suited to deal with the issue, the BCI said, “More than 99.9% of the country opposes the idea of same-sex marriage.

The vast majority of the country believes does.” That any decision of the Supreme Court in favor of the petitioners on this issue would be considered against the culture and socio-religious structure of a country. The Bar is the mouthpiece of the common man and hence this meeting is expressing its concern on this very sensitive issue. Issue .

After a joint meeting of the BCI with the State Bar Council on Sunday, the BCI also said that it is of the clear view that if the Supreme Court shows any laxity in this matter, it will harm the social fabric of the country in the times to come. will destabilize for coming . Day. “The Hon’ble Supreme Court is requested to appreciate and respect the sentiments and mandate of the people of the country,” the BCI said in its statement.

The statement also said that all state bar associations were of the unanimous opinion that keeping in view the sensitivity of the same-sex marriage issue, it is “advisable” that it be dealt with after a “detailed consultative process” involving various social, religious Go With the group by the competent legislature.

“Law is essentially a codified social norm that reflects the collective conscience of its people. Moreover, religion linked to culture greatly influences the codification of law and social norms in any civilized society.

A five-judge bench of the Supreme Court headed by Chief Justice of India DY Chandrachud is currently hearing a batch of petitions seeking legal recognition of same-sex marriage. Solicitor General Tushar Mehta, appearing for the Centre, opposed the plea on the ground that it is not the court but the legislature which can decide the issue.