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Same-sex Marriage | SCBA criticises BCI for asking Top Court to hand over it to Parliament

Same-sex Marriage | SCBA criticises BCI for asking Top Court to hand over it to Parliament

The Supreme Court Bar Association (SBCA) has termed as “highly inappropriate” the Bar Council of India’s resolution opposing the same-sex marriage case hearing in the Supreme Court. 

“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 SCBA said in a ‘resolution by circulation’ dated April 27 signed by a majority of its Executive Committee members, including SCBA president Vikas Singh.

Further, SCBA, however, said that its resolution should not be construed as either supporting or opposing the petitioners in the case.

Earlier, on 23rd April, BCI urged the Supreme Court to leave the issue to be decided by the Legislature, saying it was likely to tinker with the fundamental social structure.

“India is one of the most socio-religiously diverse countries of the world consisting of a mosaic of beliefs. Hence, any matter which is likely to tinker with the fundamental social structure, a matter which has a far-reaching impact on our socio-cultural and religious beliefs should necessarily come through the Legislative process only,” BCI Chairman Manan Kumar Mishra had said after BCI’s joint meeting of all state bar councils.

“Any decision by the Apex Court in such a sensitive matter may prove very harmful for the future generation of our country,” the BCI had said in a resolution unanimously passed in the meeting on Sunday.

“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. In such background, 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 BCI resolution read.


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