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Same-sex Marriage: Bar Council Of India Passes Resolution Opposing Legal Recognition

Bar Council of India advised, the matter should be dealt with consultation process involving various social, cultural and religious beliefs by the legislature.

General News
| Written By
Abhishek Tiwari
Bar Council of India

Bar Council of India passes resolution opposing grant of legal recognition to same-sex marriage. (Image: Representational/ ANI)

Bar Council of India (BCI) on Sunday, April 23 passed a resolution opposing the grant of legal recognition to same-sex marriages, after a joint meeting with the State Bar Councils at the BCI's auditorium. The BCI also released a statement, briefing about the resolution passed by the council, wherein it was mentioned that grant of legal recognition to the same-sex marriage issue, should come through the legislature and not through the judiciary in a country with diverse socio-religious backgrounds. 

According to the statement issued by the BCI, the council advised that the matter should be dealt with through an elaborative consultation process involving different social, cultural and religious beliefs of the country by the competent legislature. 

This matter is likely to tinker with the fundamental structure, says BCI

Opposing the grant of legal recognition to same-sex marriages, the BCI has stated that India is the most socio-religiously diverse country in the world, consisting of many beliefs. So, in a country like India, this kind of matter is likely to tinker with the fundamental structure. 

The BCI also added that this matter will have a far reaching impact on our social, cultural and religious belief and that's why any law made in this direction should necessarily come through the legislature rather than judiciary of the country. 

According to news agency ANI, the resolution said, "The Joint meeting is of the unanimous opinion that in view of the sensitivity of the issue of same-sex marriage, having a spectrum of stakeholders from diverse socio-religious backgrounds, it is advisable that this is dealt with after an elaborative consultation process involving different social, religious groups by the competent legislature."

"As per documented history, ever since the inception of human civilisation 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 Bar Council of India stated. 

It has also been mentioned in the statement, "Every responsible and prudent citizen of the country is worried about the future of his/her children after coming to know about the pendency of this matter before the Supreme Court. 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 Apex Court in petitioners’ favour on this issue will be treated to be against the culture and socio-religious structure of our country."

The BCI urged, "The Apex Court is requested and expected to appreciate and respect the sentiments and mandate of the mass of the country." Notably, the Centre has also opposed the legal recognition to same-sex marriages before the SC. 

The BCI resolution has come up, amid the ongoing hearing in the SC over the batch of petitions seeking grant of legal recognition to same-sex marriages. A five-judge constitution bench headed by Chief Justice of India (CJI) DY Chandrachud and comprising Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha is hearing the petitions pertaining to marriage equality rights for LGBTQ+ community.

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