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New Delhi: The co-ordination committee of All District Courts Bar Associations of Delhi passed a resolution on Monday “expressing displeasure” at the day-to-day hearing on the issue of recognition same-sex marriages before a Constitution Bench of the Supreme Court.
The bar associations said that although the Supreme Court “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.
The resolution said that the social ramifications of the ongoing proceedings before the Supreme Court are colossal and have the potential to have an unintended impact on the fabric of the society.
“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.
It further stated that the legislature, while drafting various laws on marriage, never envisaged the issue of marriage between people of same sex and therefore any judicial intent, when non existed, would be rendered nugatory.
“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 the society. The issue of same sex marriage and its societal, psychological and medical impacts are 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) had passed a similar resolution. It resolved to request the Supreme Court of India to leave the same-sex marriage issue for legislative consideration.
The Chief Justice of India DY Chandrachud led bench has been hearing the petitions demanding recognition of same-sex marriages in the country. The five-judge Constitution Bench has been hearing the matter on a day-to-day basis.
