The Supreme Court Bar Association on Friday said that it was “highly inappropriate” for the Bar Council of India to pass a resolution asking the top court to leave the question of same-sex marriage to Parliament.
On April 23, the Bar Council of India had claimed in its resolution that “more than 99.9% of people of the country are opposed to the idea of same-sex marriage”. It had urged the Supreme Court, which is currently hearing petitions seeking legal recognition of such marriages, to leave the question to Parliament.
The petitioners before the Supreme Court 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.
On Friday, the Supreme Court Bar Association passed a resolution saying that it is the duty of the bench to hear the petition and decide whether the matter should be adjudicated by the court or left to Parliament. However, it added: “This resolution should not be construed in any manner that we are supporting or opposing the petitioner in the matter.”
The Bar Council had said that the subject of same-sex marriage is “highly sensitive” and carries “social, religious and cultural connotations” that requires wide spread consultations. It also said that the vast majority of the population believes that a decision by the Supreme Court in favour of the petitioners would go against India’s cultural and socio-religious structures of the country.
The legal body’s resolution was termed “ignorant and harmful” by queer and allied student groups from 36 law schools of the country on Thursday.
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”.
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