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The Legal Affair

Let's talk Law

The Legal Affair

Let's talk Law

All District Court Bar Associations of Delhi Pass Resolution Opposing Proceedings for Recognition of Same-Sex Marriage

All District Court Bar Associations of Delhi Pass Resolution Opposing Proceedings for Recognition of Same-Sex Marriage

After the Bar Council of India, a  resolution has been passed by all district courts and bar associations opposing same-sex marriage proceedings before the Supreme Court stating that the issue is for the legislature to determine.

The resolution stated that the process cannot be completed in a single court case; it requires an ongoing dialogue which is possible in the parliament where extensive consultation can take place on the issue.

It stated that marriage and its issues are mixed with social structure on many levels including cultural, religious and emotional and requires wide consultation therefore the judiciary shouldn’t intervene in this matter based on equity and fairness.

It also stated that the issue of same-sex marriage and its societal, psychological and medical impacts are at the experimentation stage which has to be treated with the utmost caution and extensive consultation and discussions.

If the decision is made in isolation without considering the view of the society it will turn ineffective and counterproductive. Such drastic change in law will only be achieved when the interests of the whole society are taken into consideration and When a broad-based society accepts it.

Therefore the resolution urged the Supreme Court to let there be a debate on the issue in a democratic way where the elected representative can consider the views and concerns of their constituents.

Thus the resolution states that the apex court plays an important role in maintaining the rule of law and harmony in society and therefore the complex issue of same-sex marriage which has far-reaching effects cannot be left to the discretion of the courts 

The proceedings on the petition for legal recognition of same-sex marriage have been going on before the Supreme Court. It is being heard by Chief Justice of India DY Chandrachud and a 5 judge bench led by him.