Leave same sex marriage issue for ‘legislative consideration’: Bar Council of India requests SC

“The traditional and old-aged marriage laws have been challenged by the petitioners of the writ case, on the grounds of being unconstitutional, as our laws do not recognise marriage between same-sex couples,” the release states.

Stating that the legislature being “truly reflective of the will of the people” is best suited to deal with the issue, the BCI said “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 Bar is the mouthpiece of the common men and, therefore, this meeting is expressing their anxiety over this highly sensitive issue. The Joint Meeting is of clear opinion that if the Hon’ble Supreme Court shows any indulgence in this matter, it will result in destabilising the social structure of our country in the coming days. The Hon’ble Apex Court is requested and expected to appreciate and respect the sentiments and mandate of the mass of the country,” the release states.

While the joint meeting “appreciates” this step of the apex court for starting this “sensitive conversation”, it has, however, requested the Supreme Court that the issue be left for “legislative consideration”, who may arrive at an appropriate decision after carrying out a “wide-ranging consultative process” as per the “societal conscience and mandate of the people of our country”, the release states.

The meeting has unanimously opined that since 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”.

“Any decision by the Apex Court in such a sensitive matter may prove very harmful for the future generation of our country,” it further states.

The release further submits that the issue is “highly-sensitive”, commented upon and criticised by various sections of society, including socio-religious groups, for being a “social-experiment, engineered by a selected few” in addition to it being “socially and morally compunctive”.

As per the release, the meeting is of the unanimous opinion that considering the sensitivity of the issue, “having a spectrum of stakeholders” from diverse socio- religious background, it is “advisable that this is dealt with after an elaborative consultation process involving different social, religious groups by the competent legislature”.

“Law is essentially a codified societal norm that reflects the collective conscience of its people. Moreover, religion being intertwined with culture, greatly influences codification of law and societal norms in any civilised society. As per documented history, ever since the inception of human civilisation and culture, marriage has been typically accepted and categorised 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, howsoever well-intentioned it may be,” the BCI release states.

The meeting was presided over by senior advocate and chairman of the BCI Manan Kumar Mishra.