The Bar Council of India (BCI) on Sunday passed a resolution opposing the grant of legal recognition to same-sex marriages. The Supreme Court has been hearing petitions regarding the same.
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, according to a report by Bar and Bench.
"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 Legislative process only, the meeting unanimously opined. Any decision by the Apex Court in such a sensitive matter may prove very harmful for the future generation of our country." the release stated.
The resolution unanimously agreed that the issue of same-sex marriage, having a spectrum of stakeholders from diverse socio-religious backgrounds, should be dealt with after an elaborate consultation process involving different social and religious groups by the competent legislature, according to the Bar and Bench report.
The report also said that 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 a background, it would be catastrophic to overhaul something as fundamental as the conception of marriage by any Law Court, however well-intentioned it may be," it stated.
It further requested the Supreme Court to appreciate and respect the sentiments and mandate of the mass of the country and leave the issue of same-sex marriage for legislative consideration.
Petitioners seeking legal validation for same-sex marriage have also urged the top court to use its plenary power "prestige and moral authority” to push society to acknowledge such a union as would ensure LGBTQIA persons lead a “dignified” life, like heterosexuals, as they have no representation in Parliament.
