SC bar association criticises BCI for comments on same sex marriage case

'Highly inappropriate' of the bar council to make public criticism when court is hearing matter

The Supreme Court Bar Association (SCBA) passed on Friday a resolution criticising the Bar Council of India’s (BCI) public comment against the same sex marriage case in the apex court is hearing.

"It was highly inappropriate for the BCI” when the hearing is still going on, said the association.

The BCI, on April 23, passed a resolution opposing legal recognition for same sex marriage in India, saying “it would be catastrophic to overhaul something as fundamental as the conception of marriage by any law court, however well-intentioned it may be”.

The SCBA resolution said that it was for the court to decide whether it should adjudicate the matter or leave it to Parliament. SCBA said its resolution should not be construed as either supporting or opposing the petitioners.

The BCI’s resolution said: “More than 99.9 per cent of people of the country are opposed to ‘the idea of same-sex marriage’ in our country. The vast majority believes that any decision of the Apex Court in the petitioners’ favour on this issue will be treated to be against the culture and socio-religious structure of our country. The Bar is the mouthpiece of the common man and, therefore, this meeting is expressing their anxiety over this highly sensitive issue."

"The Joint Meeting is of the clear opinion that if the Hon’ble Supreme Court shows any indulgence in this matter, it will result in destabilising the social structure of our country in the coming days. The Hon’ble Apex Court is requested and expected to appreciate and respect the sentiments and mandate of the mass of the country,” said the resolution passed in a joint meeting of all state bar councils with the BCI in Delhi.

BCI said the ongoing proceedings of same sex marriage before the Supreme Court’s constitution bench were a matter of “great anxiety and serious concern for the Bar”.

The Constitution Bench comprising Chief Justice DY Chandrachud, Justices Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and P S Narasimha is hearing submissions on behalf of respondents in a batch of petitions seeking marriage equality rights for the LGBTQIA+ (lesbian, gay, bisexual, transgender, queer, questioning, intersex, asexual) community.

The matter is likely to be taken up again on May 3.