‘Highly inappropriate’: SCBA condemns BCI resolution on same-sex marriage hearing

The Supreme Court Bar Association (SCBA) on Friday passed a resolution wherein they have condemned the statements of the Bar Council of India in opposing legalisation of same sex marriage and the hearing and decision making process being held in Supreme Court of India.

The SCBA in their resolution mentioned it was "highly inappropriate of Bar Council of India" to oppose the same sex case hearing since it is the right of Supreme Court to decide whether matter should be adjudicated by court or be left to parliament.

“The SCBA Executive Committee feels it highly inappropriate for the BCI to issue a Press Statement dated 23.04.2023 opposing a hearing of the matter before the Hon'ble Supreme Court. It is the duty of the Court to hear the petition and decide whether matter should be adjudicated by the Court or left to the wisdom of Parliament. This resolution should not be construed in any manner that we are supporting or opposing the petitioner in the matter”.

On Thursday, over 30 LGBTQIA collectives with 600 students from law schools all over India have criticised the regressive statement issued by the Bar Council of India (BCI) against the marriage equality hearing in the Supreme Court.

On April 23, 2023, the Bar Council of India ('BCI') passed a resolution on the ongoing marriage equality petitions, urging the Supreme Court to abdicate its role and defer the matter to the Parliament instead.

The BCI had said it would be "catastrophic" to overhaul something as fundamental as the conception of marriage by the court and the matter should be left to the legislature.

In a resolution, the lawyers’ body said that any decision by the apex court in such a sensitive matter may prove very harmful for the future generation of our country.

"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 far reaching impact on our socio-cultural and religious beliefs should necessarily come through legislative process only, the meeting unanimously opined.

"Any decision by the apex court in such a sensitive matter may prove very harmful for the future generation of our country," it said in a resolution.

The BCI's statements were also supported by Delhi's District Court Bar Associations who expressed their displeasure on the day-to-day proceedings on a batch of petitions presently examined by the Constitution Bench of Supreme Court pertaining to 'marriage equality rights for LGBTQAI community'.

Bar Associations Resolution stated that the issue at hand cannot be adjudged by means of Judicial interpretations because it requires a more extensive consultation process. The issues before the Court require extensive consultation with various stakeholders and affected parties. This process cannot be condensed into a single court case, as it requires ongoing dialogue and collaboration. Therefore, this issue should be referred to parliament, where a more extensive consultation process can take place.

(With agency inputs)