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SCBA rebukes Bar Council of India for opposing hearing on same-sex marriage case by Supreme Court

The statement by the Bar Council of India’s (BCI)opposing hearing of the same sex marriage case by the Supreme Court was condemned by the Supreme Court Bar Association (SCBA).

The SCBA passed the resolution in this regard stating that it is the duty of the Apex court to hear the petition and decide whether it should be adjudicated by the Court or be left to the wisdom of the parliament.

The resolution by the SCBA Executive Committee mentioned that they inappropriate for the BCI to issue a Press Statement dated which opposes hearing of the matter on same sex by the Supreme Court.

The resolution mentions that it is the responsibility of the Court to hear the petition and decide if the matter should be sent to the parliament or be adjudicated by the Court.

The SCBA has very clearly mentioned that the resolution should not be construed to imply that it is supporting or opposing the petitioner in the matter pending before the top court.

A joint meeting was held on Sunday between the Bar Council of India (BCI) and all other states Bar councils in the country for passing a resolution related to the issue of same sex marriage.

BCI has resolved to request the Supreme Court of India for leaving the same-sex marriage issue for legislative consideration.

As per the resolution, India is a country with a many beliefs, and any matter that may challenge the fundamental social structure should necessarily come through the legislative process.

The meeting held passed a resolution opining that any decision by the Top court in such a sensitive matter may prove harmful for the future generation of the country.

The release stated. that India is one of the World’s most socio-religiously diverse countries which holds 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 Legislative process only, the meeting unanimously opined.

The release states that the matter of same sex is very sensitive as it has been both commented and criticized by various sections of society, including socio-religious groups.

The release said that the issue at hand is highly-sensitive and criticized by various sections of society, including socio-religious groups, for being a social-experiment, engineered by a selected few. This, in addition to it, being socially and morally obsolete.

The resolution unanimously agreed that the same-sex marriage issue has a spectrum of stakeholders who belong to different socio-religious backgrounds and thus this should be dealt after having discussions with different social and religious groups by the competent legislature. 

It stated that law is essentially a codified societal norm that reflects the collective conscience of its people, and religion being intertwined with culture greatly influences the codification of law and societal norms in any civilized society.

The resolution highlighted that ever since the inception of human civilization marriage has always been accepted and categorized as a union of the biological man and woman with a twin purpose of procreation and recreation.

It further said that in such a background, it would be catastrophic to change something as fundamental as the conception of marriage by any Court, even if it is with the best of the intentions.

The resolution has thus requested the Supreme Court for appreciating and respecting the sentiments and mandate of the mass of the country and leave the issue of same-sex marriage for legislative consideration.

The BCI on Sunday, after a joint meeting held with all State Bar Councils, had passed a resolution to request the Supreme Court of India to leave the same-sex marriage issue for legislative consideration.

The resolution emphasized that India is a diverse country with a mosaic of beliefs, and any matter that is likely to tinker with the fundamental social structure should necessarily come through the legislative process. The resolution opined that any decision by the apex court in such a sensitive matter may prove harmful for the future generation of the country.

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