The Bar Council of India has requested the apex court to let parliament be the decision-making authority with respect to the matter of splitting legal recognition to same-sex marriages.
For passing a resolution related to the subject of same-sex marriage a joint meeting was conducted amongst the Bar Council of India (BCI) and the other State Bar Councils in the country. As per this resolution, India is a country that has a diverse population with multiple beliefs, and if there is any topic that challenges the fundamental social structure that must come through the legislative process.
The resolution passed opined that any decision in such a sensitive matter by the Top Court may end up being detrimental to future generations of the country.
The release declared that the issue of the same sex has been both commented on and criticized by diverse sections of society, including socio-religious groups, and thus is a very sensitive topic to be dealt with. The release asserted that the issue at hand is a social experiment, engineered by a selected few.
It was unanimously consented by the resolution that the same-sex marriage issue has an expanse of stakeholders who are from diverse socio-religious sets and thus this should be dealt with after having conversations with distinct social and religious bodies by the competent legislature.
The resolution further noted that law is effectively a codified societal norm that contemplates the coordinated conscience of its populace, and religion being knotted with culture extensively impacts the codification of law and societal norms in any civilized society.
The resolution emphasized that since the advent of human society, a wedding has always been authorized and categorized as a federation of the biological man and woman with a twin objective of procreation and recreation.
Moreover, the resolution also expressed that in such an environment, it would be disastrous to alter something as essential as the notion of matrimony by any Court, even if it is with the finest of intentions.
The resolution has thus appealed to the Supreme Court for admiring and esteeming the beliefs and authorization of the multitude of the nation and for leaving the issue of same-sex marriage for legislative consideration.
Written by Sonakshi Misra, 2nd year (4th semester) B.A.LL.B. Hons. Student at Atal Bihari Vajpayee School of Legal Studies, Chhatrapati Shahu Ji Maharaj University, Kanpur.
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