The recent resolution passed by the Bar Council of India (BCI) urging the Supreme Court to desist from hearing pleas seeking legalisation of same-sex marriage has drawn condemnation from the Supreme Court Bar Association (SCBA). The SCBA termed the BCI’s resolution as “highly inappropriate” and stated that it is the duty of the court to decide whether the matter should be adjudicated by the court or left to the wisdom of Parliament.
The BCI expressed its concern over the same-sex marriage issue being heard in the Supreme Court, stating that any decision by the court in such a sensitive matter may prove very harmful for future generations. The BCI resolution called for the matter to be left for legislative consideration, citing India’s socio-religious diversity and the need for matters that have far-reaching impacts on socio-cultural and religious beliefs to come through the legislative process.
However, the SCBA statement, signed by a majority of its members, clarified that its resolution should not be construed to mean it is supporting or opposing the petitioners in the matter pending before the top court. The SCBA affirmed that 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.
The issue of legal validation for same-sex marriages is being heard by a five-judge constitution bench comprising Chief Justice DY Chandrachud and Justices SK Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli. The BCI resolution had called it “catastrophic” to overhaul something as fundamental as the conception of marriage by the court and argued that the matter should be left to the legislature.
The SCBA president, Vikas Singh, while responding to the BCI resolution, tweeted that it is inappropriate for the Bar Council of India to issue a press statement opposing a hearing of the matter before the Supreme Court. He stated that the proper way for them would be to intervene and argue the point.
In conclusion, the disagreement between the BCI and the SCBA over the same-sex marriage issue highlights the differing views on the role of the judiciary and the legislature in addressing such matters. While the BCI prefers legislative consideration, the SCBA believes that it is the duty of the court to decide on the matter’s adjudication.