The co-ordination committee of All District Courts Bar Associations said that the issue has far-reaching consequences and cannot be left to the discretion of the courts.
The coordination committee of All District Courts Bar Associations of Delhi has expressed discontent with the day-to-day hearings regarding the recognition of same-sex marriages by a Constitution Bench of the Supreme Court. They believe that issues of complexity and far-reaching consequences should not be solely decided by the courts, but rather should be addressed by the parliament.
While acknowledging the crucial role of the Supreme Court in upholding the rule of law, the bar associations argue that the ongoing proceedings on same-sex marriages carry significant social ramifications that could inadvertently affect society. Therefore, they advocate for these matters to be deliberated by the parliament rather than being solely determined by the courts.
\”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.
It was proposed that matters like these should be resolved through public debate and discussion in the legislature, as they necessitate a widespread consensus.
The resolution underscored the significance of deliberating and debating issues that could have societal implications in the Parliament, where elected representatives can take into account the viewpoints and concerns of their constituents.
Moreover, the resolution highlighted that the legislature did not foresee the issue of same-sex marriage when formulating various marriage laws, and thus any judicial interpretation on this matter would lack effectiveness in the absence of clear legislative intent.
“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) passed a resolution echoing similar sentiments, urging the Supreme Court of India to postpone the issue of same-sex marriage for deliberation in the legislature.
The Chief Justice of India, DY Chandrachud, has been heading a five-judge Constitution Bench that is hearing petitions advocating for the recognition of same-sex marriages in the country. These hearings have been taking place on a daily basis.
Source: https://www.barandbench.com/news/same-sex-marriage-case-after-bci-delhi-bar-associations-object-day-to-day-hearing-supreme-court-says-leave-parliament
