Bar Council of India passes resolution opposing same-sex marriages, chairman says ‘against our culture’
2 min read . Updated: 23 Apr 2023, 07:56 PM IST
Premium- Centre has opposed the idea of allowing same-sex marriages in the country and the Bar Council of India shared similar views as it passed a resolution
Supreme Court of India will continue to hear the arguments from Friday for allowing same-sex marriage in the country. The Centre has opposed the idea of allowing same-sex marriages in the country and the Bar Council of India shared similar views as it passed a resolution opposing the grant of legal recognition to same-sex marriages.
"The Joint meeting is of the unanimous opinion that in view of the sensitivity of the issue of same-sex marriage, having a spectrum of stakeholders from diverse socio-religious backgrounds, it is advisable that this is dealt with after an elaborative consultation process involving different social, religious groups by the competent legislature," the BCI resolution said.
While talking to news agency ANI, BCI Chairman Manan Kumar Mishra said that considering the socio-religious structure of the country, same-sex marriage in "against our culture". The senior advocate also added that such decisions are matter of legislations and should not be decided by the courts.
“Considering the socio-religious structure of the country, we thought it (same-sex marriage) is against our culture. Such decisions would not be taken by courts. Such moves must come from process of legislation," the BCI chairman said.
A five-judge bench of the Supreme Court led by Chief Justice of India DY Chandrachud is hearing the plea by several same-sex couples and non-governmental organization's demanding constitutional validity for the same-sex marriages.
The bench has made several crucial observations in the matter and said that the notion of a man and a woman is not "an absolute based on genitals."
Supreme Court has cleared that they don't want to change the status quo as far as personal marriage laws are concerned. “Then we can keep the personal laws out of the equation and all of you (lawyers) can address us on the Special Marriage Act (a religion-neutral marriage law)."
The Centre has opposed same-sex marriage and submitted that the marriage between a biological man and woman is a holy union, a sacrament, and a sanskar in India. On Wednesday, the Centre also submitted an affidavit in apex court asking for the opinion of all states and union territories in the matter.
Earlier, the hearing the scheduled to continue on Monday, but due to the unavailability of two judges, the matter was postponed to Friday.