SCBA condemns Bar Council of India statement opposing hearing of same-sex marriage

In a fresh response, Supreme Court Bar Association (SCBA) has condemned the statement issued by the Bar Council of India (BCI) against the ongoing same sex marriage case in Supreme Court, on Friday.

As per the statement, SCBA Executive Committee stated that it is highly inappropriate for the BCI to release a Press Statement dated April 23, 2023, arguing against the Supreme Court hearing upon the subject.

“It is the duty of the Court to hear the petition and decide whether the matter should be adjudicated by the Court or left to the wisdom of Parliament. This resolution should not be construed in any manner that we are supporting or opposing the petitioner in the matter pending before the Supreme Court,” SCBA statement read.

On April 23, the BCI passed a resolution rejecting the country’s legal recognition of same-sex marriage in country. As told by BCI Chairman Manan Kumar Mishra, the resolution was passed by the Bar Council of India after a meeting with members from all State Bar Councils.

Same-sex marriage marriage would be devastating: Bar Council of India

In terms of documented history, marriage has been traditionally accepted and categorized as a union of biological man and woman for the dual purposes of procreation and recreation since the dawn of human civilization and culture. In such circumstances, it would be devastating for any Law Court, irrespective of how well-intentioned, to alter something as fundamental as the concept of marriage.

Courts should often deal with issues including social and religious overtones using the doctrine of deference, according to the same-sex marriage said Bar Council of India.

Council said that, the vast majority believes that any judgement by the Apex Court in favor of the petitioners on the matter will be interpreted as being against the country’s cultural and socio-religious system.

The Constitution Bench, composed of the Chief Justice, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli, and Justice PS Narasimha, is hearing a variety of petitions concerning “marriage equality rights for the LGBTQI+ community.” On April 18, the Constitution Bench began hearing the petitions.

The Supreme Court has been hearing several petitions seeking legal recognition of same-sex marriage. The petitions have been rejected by the Centre. One of the previous petitions mentioned the absence of a legal framework that permitted members of the LGBTQ+ community to marry whoever they wished.

In relation to the petition, both partners sought to enforce the fundamental rights of LGBTQ+ people to marry whoever they chose, claiming that “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 desired that this Court provide appropriate directives permitting and enabling them to do so.