Same sex marriage: SCBA criticises BCI for asking Supreme Court to leave it to Parliament

Satya Prakash

New Delhi, April 28

The Supreme Court Bar Association (SBCA) has termed it as “highly inappropriate” the Bar Council of India’s resolution opposing the same sex marriage case hearing in the Supreme Court.

“It is the duty of the Court to hear the petition and decide whether matter should be adjudicated by the court or left to the wisdom of Parliament,”  the SCBA said in a ‘resolution by circulation’ dated April 27 signed by majority of its Executive Committee members, including SCBA president Vikas Singh.

The SCBA, however, clarified that its resolution should not be construed as either supporting or opposing the petitioners in the case.

Maintaining that more than 99.9% of people of the country were opposed to same sex marriage, the BCI had on April 23 urged the Supreme Court to leave the issue to be decided by the Legislature, saying it was likely to tinker with the fundamental social structure.

“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 the Legislative process only,” BCI Chairman Manan Kumar Mishra had said after BCI’s joint meeting of all state bar councils.

“Any decision by the Apex Court in such a sensitive matter may prove very harmful for the future generation of our country,” the BCI had said in a resolution unanimously passed in the meeting on Sunday.

“As per documented history, ever since the inception of human civilization and culture, marriage has been typically accepted and categorized as a union of biological man and woman for the twin purpose of procreation and recreation. In such 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 resolution read.

A five-judge Constitution Bench led by CJI DY Chandrachud has been hearing petitions seeking legal recognition for same sex marriage since April 18.

Describing it “a matter of great anxiety and serious concern for the Bar,” Mishra had said “We have requested the Hon’ble Supreme Court to leave it to Parliament to arrive at an appropriate decision as per the societal conscience and mandate of the people after wide-ranging consultations.”