The Coordination Committee of All District Court Bar Associations of Delhi on Monday passed a resolution expressing its displeasure on the day-to-day proceedings on a batch of petitions presently examined by the Constitution Bench of Supreme Court pertaining to 'marriage equality rights for LGBTQAI+ community'.
Bar Associations Resolution stated that the issue at hand cannot be adjudged by means of Judicial interpretations because it requires a more extensive consultation process. The issues before the Court require extensive consultation with various stakeholders and affected parties.
This process cannot be condensed into a single court case, as it requires ongoing dialogue and collaboration.
Therefore, this issue should be referred to parliament, where a more extensive consultation process can take place.
The resolution further added that Marriage and its unexpected issues are blended with the social structure in a manner that touches each and every individual on many levels including cultural, religious, emotional etc.
The issue at hand requires a wide consultative process and hence cannot be encompassed within the limited judicial adjudicatory precincts, therefore judicial intervention in the said matter is not advisable on the basis of equity and fairness as well.
There is no gainsaying that the Legislature, while drafting the various laws pertaining to marriage, never envisaged the issue of marriage between the same sexes.
Hence, any judicial endeavour to interpret the "legislative intent", when none existed, would be rendered nugatory.
It would thus be advisable that any expansion in the contours of provision related to marriage should come through legislative law-making.
The Constitution Bench started hearing the petitions on April 18.
Various petitions are being dealt with by Supreme Court seeking legal recognition of same-sex marriage. The Centre has opposed the petitions. One of the petitions earlier raised the absence of a legal framework which allowed members of the LGBTQ+ community to marry any person of their choice.
According to the petition, the couple sought to enforce the fundamental rights of LGBTQ+ individuals to marry any person of their choice and said, "The exercise of which ought to be insulated from the disdain of legislative and popular majorities".
The petitioners, further, asserted their fundamental right to marry each other and prayed for appropriate directions from this Court allowing and enabling them to do so.
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