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Journalism of Courage
TERMING IT a matter of great anxiety and serious concern for the bar, the Bar Council of India (BCI) passed a resolution Sunday requesting the Supreme Court to leave the issue of same-sex marriage for “legislative consideration” i.e., to Parliament.
Stating that the legislature was “truly reflective of the will of the people” and 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 a country. The vast majority believes that any decision of the apex court in the petitioners’ favour on this issue will be treated to be against the culture and social religious structure of a country. The bar is the mouthpiece of the common men and therefore this meeting is expressing their anxiety over this highly sensitive issue.”
After a joint meeting of the BCI with state bar councils on Sunday, the BCI also said they were of the clear opinion that if the Supreme Court showed any indulgence in the matter, it would result in destabilising the social structure of the country in the coming days. “The honourable apex court is requested and expected to appreciate and respect the sentiments and mandate of the mass of the country,” the BCI said in its statement.
The statement also said all the State Bar Associations were of the unanimous opinion that keeping in view the sensitivity of the issue of same-sex marriage, it is “advisable” that this is dealt with after an “elaborate 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 the codification of law and societal norms in any civilised society,” the statement said.
The Bar Council of India is a statutory body established under the Advocates Act, 1961, to regulate legal practice and education. The Council consists of members elected from each state bar council. The Attorney General for India and the Solicitor General of India are its ex-officio members. From enrolling new lawyers to laying down standards of professional conduct and etiquette, the BCI is the apex professional body for lawyers.
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. Appearing for the Centre, Solicitor General Tushar Mehta has opposed the plea on the grounds it is not the Court but the legislature that can decide the issue.
The BCI statement was signed by Manan Kumar Mishra, Chairman of the Bar Council of India.
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