The Bar Council of India (BCI) has opposed the ongoing proceedings on same-sex marriage before the constitutional bench of the Supreme Court. In a resolution, the BCI has warned that a favourable verdict from the apex court ‘will be treated to be against the culture and socio-religious structure of our country’. The Supreme Court had said on April 20 that same-sex marriage may redefine the ‘evolving notion of marriage’. However, the BCI has expressed its concerns that 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 Council has proposed a legislative solution to the ‘matter which has far-reaching impact on our socio-cultural and religious beliefs’.
The BCI has further stated that ‘any decision by the Apex Court in such a sensitive matter may prove very harmful for the future generation of our country’. The council has urged the apex court to leave the matter for legislative consideration so that it may ‘arrive at an appropriate decision as per the societal conscience and mandate of the people’. The resolution also claims that law 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.
‘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,’ the resolution stated. The BCI believes that an elaborative consultation process involving different social and religious groups by the competent legislature is advisable for such a sensitive issue.
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