Home » India bar council: legal recognition of same-sex marriage better left for legislative determination

India bar council: legal recognition of same-sex marriage better left for legislative determination

by Derek Andrews
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The Bar Council of India (BCI) Sunday passed a decision to induce the Supreme Court docket of India to depart the problem of same-sex marriage for legislative consideration. The decision got here after a joint assembly of the BCI and all State Bar Councils.

The discharge predominantly is dependent upon the purpose that any matter of such far-reaching penalties for socio-cultural and non secular beliefs of the populace must be a product of the legislative course of solely. The members unanimously opined that, for the reason that problem includes a “spectrum of stakeholders” from various spheres of life, it ought to essentially contain a number of rounds of detailed session piloted by competent legislature.

BCI Chairperson Manan Kumar Mishra stated that the BCI unanimously believes that the concept of same-sex marriage is irreconcilable with Indian tradition. In the identical vein, the decision emphasised that:

Points pertaining to social and non secular connotations ought to sometimes be dealt by Courts by way of doctrine of deference. The legislature being actually reflective of the need of the folks is greatest suited to take care of such delicate points. Each accountable and prudent citizen of the nation is nervous about the way forward for his/her youngsters after coming to know in regards to the pendency of this matter earlier than the Hon’ble Supreme Court docket.

Additional, the BCI additionally asserted that “Greater than 99.9% of individuals of the nation are against the concept of similar intercourse marriage in our nation.” Nonetheless, this declare has not been backed by substantive statistical information.

A five-judge constitutional bench of the Supreme Court docket is at present listening to petitions searching for authorized recognition of same-sex marriage. It’s headed by Chief Justice of India D Y Chandrachud and consists of Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli and P S Narasimha. On its first day, the bench determined to restrict its enquiry and focus solely on the Special Marriage Act of 1954.

Photograph supply: jurist.org

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