Bar Council of India asks Supreme Court to leave the issue of same-sex marriage for legislative consideration

The Bar Council of India (BCI) on Sunday held a joint meeting with all the State Bar Councils in the country and passed a resolution related to the issue of same sex marriage.BCI has resolved 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.."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 release further stated that the issue 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. "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," it said.Thus, 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. 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 further highlighted 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."As per documented history, 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 background, it would be catastrophic to overhaul something as fundamental as the conception of marriage by any Law Court, howsoever well-intentioned it may be," the resolution read..The resolution 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.