Participants hold the rainbow flag during the Pride parade. Image has been used for representational purpose only. , Photo Credit: Reuters
Supreme Court Bar Association (SCBA) has condemned Resolution passed by Bar Council of India In which it has been said that the apex court should refrain from hearing the petitions legalization of same-sex marriagetermed it “grossly unfair”.
The BCI, in a resolution passed on April 23, had expressed its concern during the hearing on the issue of same-sex marriage. Supreme Courtadding that an overhaul of something as fundamental as the concept of marriage by the court would be “disastrous” and that the matter should be left to the legislature.
Responding to the motion, the SCBA statement, which was signed by a majority of its members, said it was the court’s duty to decide whether the issue should be adjudicated by the court or left to the discretion of Parliament. .
“The Executive Committee of the SCBA is of the view that it is highly inappropriate for the BCI to issue a press statement on 23rd April, 2023 opposing the hearing of the matter before the Hon’ble Supreme Court. It is the duty of the Court to hear the petition and decide ” Whether the matter should be decided by the Court or left to the discretion of the Parliament,” it said.
The SCBA also clarified that its resolution should not be construed as supporting or opposing the petitioners in the matter pending before the apex court.
A five-judge Constitution bench comprising Chief Justice DY Chandrachud and Justices SK Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli is hearing a batch of pleas seeking legal recognition for same-sex marriages.
The BCI, in a resolution, had said that any decision of the apex court in such a sensitive matter could prove to be very harmful for the generations to come.
“India is one of the most socio-religiously diverse countries in the world with a mosaic of faiths. Therefore, any matter which is likely to tamper with the fundamental social structure, a matter which has far-reaching effects on our socio-cultural and The BCI had said that religious beliefs must necessarily come through the legislative process.
The BCI’s resolution states that law is a “codified social norm” that reflects the collective conscience of the people, and religion, intertwined with culture, greatly influences the codification of law and social norms in any civilized society. .
The BCI said that though it welcomes the move of the Supreme Court in taking forward the debate on the matter, it wants the issue “to be left for legislative consideration”.
Responding to the BCI’s proposal, SCBA President Vikas Singh tweeted on April 25: “When a matter is before the Supreme Court for decision, it is inappropriate for the Bar Council of India to issue a press statement that the matter is Only a decision can be taken.” by Parliament. The proper course for them would be to intervene and argue the point.