Issue Of Same-Sex Marriage Has Long-Term Societal Ramifications: BCI Urges SC To Leave The Issue For Legislative Consideration

The Bar Council of India has urged the Supreme Court to leave the issue of same-sex marriage for legislative consideration.

In a press release by the BCI, it was stated that “…this joint meeting of the State Bar Councils and the Bar Council of India while appreciate the step of the Hon’ble Supreme Court for having started this sensitive conversation, having long term societal ramifications, resolves to request the Hon’ble Apex Court that the issue at hand be left for the legislative consideration…”

In a joint meeting of all the State Bar Councils with the BCI held yesterday, it was stated that marriage has been typically accepted and categorized as a union of biological man and woman and that overhauling something as fundamental as the concept of marriage would be catastrophic.

“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 BCI resolution read.

It has been further stated that more than 99.9% of people of the country are opposed to the idea of same-sex marriage and that if the Apex Court shows any indulgence in the matter, it will result in destabilizing the social structure of the country.

The press release by BCI also reads that there is no gainsaying 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. 

It was further added that “India is one of the most socio-religiously diverse countries of the world consisting of a mosaic of beliefs. Hence, 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, the meeting unanimously opined. Any decision by the Apex Court in such a sensitive matter may prove very harmful for the future generation of our country”

Besides this, the joint meeting also took resolutions with regard to the uniform rules for enrolment fee, approval of BCI rules for registration and regulation of Foreign Lawyers and law firms, criteria for being a member of the State Bar Council and BCI and the issue of resolution of strike.

Click here to read/download BCI Press Release