'Leave the issue for competent legislature,' BCI to Supreme Court on plea for legalising same sex marriage [Read Press Release]

NEW DELHI: The Bar Council of India on Sunday has asked the Supreme Court, hearing a plea for legal sanction to same sex marriage, to leave the issue for competent legislature to decide, saying it would be catastrophic and destabilising the social structure, if the court does it.

The BCI expressed its "great anxiety and serious concern" over the Supreme Court's Constitution bench hearing a plea for recognition to the same sex marriage, as it would be catastrophic to overhaul something as fundamental as the conception of marriage by the court.

Any indulgence by the SC in the matter will result in destabilising the social structure of our country in coming days, it said, adding, a matter having far reaching impact on our socio-cultural and religious beliefs should necessarily come through legislative process only.

A joint meeting of all the State Bar Councils with Bar Council of India passed unanimous resolutions stating that in view of the sensitivity of the issue, having a spectrum of stakeholders from diverse socio-religious background, it is advisable that this is dealt with after an elaborative consultation process involving different social, religious groups by the competent legislature.

"As per documented history, ever since the inception of human civilization and culture, marriage has been typically accepted and categorised 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 stated.

It asked the Supreme Court, hearing a batch of 20 petitions for granting legal sanctity to the same sex marriage, to respect the sentiments and mandate of the mass of the country.

"Every responsible and prudent citizen of the country is worried about the future of his/her children after coming to know about the pendency of this matter before the Supreme Court. More than 99.9% of people of the country are opposed to the idea of same sex marriage in our country," it said.  

"The vast majority believes that any decision of the apex court in petitioners favour on this issue will be treated to be against the culture and socio religious structure of our country. The Bar is the mouthpiece of the common men and, therefore, this meeting is expressing their anxiety over this highly sensitive issue.  The Joint Meeting is of clear opinion that if the Supreme Court shows any indulgence in this matter, it will result in destabilizing the social structure of our country in coming days," it added.

The BCI in its letter, said 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.

"Any decision by the apex court in such a sensitive matter may prove harmful for the future generation of the country. We request 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 only," the BCI said.

The BCI is a statutory body created by Parliament to regulate and represent the Indian bar. It performs the regulatory function by prescribing standards of professional conduct and etiquette and by exercising disciplinary jurisdiction over the bar.

The resolution asked the top court to leave the issue for the legislative consideration, which after wide-ranging consultative process, may arrive at an appropriate decision, as per the societal conscience and mandate of the people of our country.

In a press release, the BCI chairman Manan Kumar Mishra informed, the meeting also unanimously resolved to ask the Union Government to frame effective law for the protection of lives, interests and privilege of the advocates and their families and provide compensation to them in case of any attack on lawyers.

[Read Press Release]