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The Bar Council of India on Sunday passed a resolution opposing the legal recognition of same-sex marriage in India, saying “it would be catastrophic to overhaul something as fundamental as the conception of marriage by any law court, however well-intentioned it may be”.
“More than 99.9 per cent 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 the 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 man and, therefore, this meeting is expressing their anxiety over this highly sensitive issue. The Joint Meeting is of the 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 resolution passed in the joint meeting of all the State Bar Councils with the Bar Council of India (BCI) at the BCI Auditorium said.
The release by the BCI said the ongoing proceedings of same-sex marriage before the Constitution Bench of the Supreme Court were a matter of “great anxiety and serious concern for the Bar”.
“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 a far-reaching impact on our socio-cultural and religious beliefs should necessarily come through the 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,” the BCI release said.
The BCI said the matter should be dealt with after an elaborate consultation process involving different social and religious groups by the legislature.
It said according to documented history, ever since the inception of human civilisation and culture, marriage had 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, however well-intentioned it may be,” the release said.
The joint meeting of the State Bar Councils and the Bar Council of India was presided over by BCI Chairman Manan Kumar Mishra and ended with a vote of thanks given by the vice-chairman of the BCI, S Prabakaran.
