The Bar Council of India (“BCI”) passed a resolution on the ongoing issue of same-sex marriage in a joint meeting held with State Bar Councils on Sunday.
The BCI asserted that India is a diverse country accommodating multiple beliefs. Any issue or matter that has a probability of affecting the fundamental social structure and religious beliefs should be done only through the legislative route. The Resolution passed by the BCI emphasized that in such a case if the Top Court adjudicates and decides something, this may prove to be detrimental to the future generation.
The Resolution unequivocally asks the Hon’ble Supreme Court to leave the issue of same-sex marriage to the legislature for consideration.
“India is one of the most socio-religiously diverse countries of the world consisting of a mosaic of beliefs. Hence, any matter which has far-reaching impact on our socio-cultural and religious beliefs should necessarily come through the Legislative process only, the meeting unanimously opined.”
It was also stated that the issue of same-sex marriage has gained momentous amongst multiple sections of society as it affects diverse stakeholders belonging to different religious and social backgrounds.
“There is no gainsaying that the issue at hand is highly sensitive, commented upon 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 compunctive.”
Another assertion in the Resolution was on the concept of marriage that has been rooted in the traditions of a country like India. It was stated that marriage has always been seen as a union of a biological man and woman for the purpose of procreation and recreation. If any Court of Law interferes with something like this, even if the same is done with bona fide intentions, would destroy the fundamentals of the concept of marriage.
It was lastly emphasized that India being a country where culture and religion are intertwined and having the capacity to influence the law and norms of a society, the issue such as same-sex marriage must be left to the Legislative domain.
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(With input from news agency language)
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