The Bar Council on Sunday passed a resolution urging the Supreme Court to leave the issue of same-sex marriage to the legislature, reported Live Law.
The legal body claimed that “more than 99.9% of people of the country are opposed to the idea of same sex marriage”.
A Constitution bench headed by Chief Justice DY Chandrachud is hearing a batch of petitions seeking legal provisions for same-sex marriages in India.
The petitioners have challenged the constitutionality of laws that only recognise marriages between a man and a woman. They have argued that these provisions are discriminatory against the LGBTQIA+ community and infringe on their fundamental right to dignity and privacy.
The Centre has opposed the petitions arguing that same-sex marriages are “not comparable with the Indian family unit concept”. The Union government also said that the petitions only represent “urban elitist views for the purpose of social acceptance”.
On Sunday, the Bar Council said that the subject of same-sex marriage is “highly sensitive” and carries “social, religious and cultural connotations” that requires wide spread consultations.
“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 Honourable Supreme Court”, the Bar Council said.
The vast majority of the population believes that any decision of the Supreme Court in the petitioners’ favour will go against the cultural and socio-religious structure of the country, the resolution said.
“The Bar is the mouthpiece of the common men and, therefore, this meeting is expressing their anxiety over this highly sensitive issue,” the statement said.
It added: “The joint meeting is of clear opinion that if the Honourable Supreme Court shows any indulgence in this matter, it will result in destabilising the social structure of our 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.”
Last week, the Centre had asked the Supreme Court to add all states and Union Territories as parties to the case. The affidavit contended that the court should take the positions of the states on record. It also sought to obtain the views and apprehensions of state governments and place them on record if they cannot be made party to the case.
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