The Bar Council of India has issued a resolution objecting to the Supreme Court accepting applications for same-sex marriage legal recognition, claiming that the legislature should be in charge of handling such issues.
The resolution recognises India’s socioreligious diversity and warns against making a decision on a topic this sensitive in the interests of future generations.
According to the Constitution, the legislature has the authority to pass laws, and because they are decided upon through a consultation process, legislation passed by the legislature are democratic.
According to the resolution, the bar has major concerns about the legal recognition of same-sex marriage, and any ruling by the supreme court in this delicate case could cause societal unrest in the nation in the near future.
The resolution requests that the court defer to the legislature in deciding whether to recognise same-sex marriage, as it may do so in accordance with societal conscience and the will of the nation’s citizens.
The resolution states that since the beginning of human civilization and culture, marriage has generally been recognised and classified as a union of a biological man and woman for the dual purposes of procreation and recreation. Therefore, no matter how well-intentioned, it would be disastrous for any law court to change how marriage is conceptualised.
According to the resolution, more than 99.9% of Americans oppose “the idea of same sex marriage.” “The vast majority believes that any decision of the Apex Court in favour on this issue will be treated as being against the culture and socioreligious structure of our country,” it says in the statement.
On April 18, a Supreme Court constitution bench began hearing a number of petitions asking for the recognition of same-sex marriage. The administration urged the court to either put the case on hold until it meets with all the states on the subject or hear their complaints in open court as the session got underway, which sparked controversy. However, because two of the judges are ill, the hearing that was supposed to continue on April 24 has been postponed.
The Bar Council of India’s resolution raises crucial questions about how the court and legislative influence public policy and safeguard constitutional ideals.
The ruling of the Supreme Court in this case will have significant repercussions for both the rights of the LGBTQ+ community and the nation’s overall sociocultural fabric. In order to respect the values of equality and justice inherent in the Constitution, the court must consider the various viewpoints and ideologies held by all facets of society.