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Delhi Bar Association express displeasure at day-to-day hearing on Same-sex marriages

Delhi Bar Association express displeasure at day-to-day hearing on Same-sex marriages

Days after the Bar Council of India's objection to the recognization of Same-sex Marriage, the Delhi Bar Association also expressed displeasure at the day-to-day hearing on Same-sex marriages. 

Delhi Bar Association expressed its displeasure before a Constitution Bench of the Supreme Court.

The bar association submitted "plays a pivotal and crucial role in upholding the rule of law", there are certain issues that are too complex and have far-reaching consequences that they cannot be left to the discretion of the courts.

"There are certain issues that are deeply entrenched in societal norms, values, and beliefs. These issues require careful consideration and public debate, as any decision or action taken without societal acceptance may have far-reaching consequences," the associations emphasised.

Issues like these require a broad-based consensus that can only be achieved through public debate and discussion and should, therefore, be left to the legislature, it was opined.

It is important that issues like these that have the potential to affect society at large are discussed and debated in Parliament, where elected representatives can take into account the views and concerns of their constituents, the resolution said.

"In a democratic setup, the duty of law-making is typically delegated by the electorate to its elected representatives. Thus, the legislature would be best suited to foray into the new arenas of law-making, as per the evolving needs of society. The issue of same-sex marriage and its societal, psychological and medical impacts is at its nascent and experimentative stage and thus should be treated with utmost caution and wide consultation and discussions."

On Sunday, the Bar Council of India (BCI) passed a similar resolution. It resolved to request the Supreme Court of India to leave the same-sex marriage issue for legislative consideration.


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