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 their discontent with the ongoing day-to-day hearings in the Supreme Court regarding the recognition of same-sex marriages by a Constitution Bench. They believe that certain complex and far-reaching issues should not be solely decided by the courts, but rather should be addressed by the parliament.
While acknowledging the vital 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 implications that could have unintended consequences on society. Therefore, they advocate for these matters to be deliberated by the parliament instead of 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 recommended that matters such as these should be resolved through public debate and discussion in the legislature, as they require a widespread consensus.
The resolution stressed the significance of addressing and debating issues that could have societal impacts in the Parliament, where elected representatives can take into consideration the opinions and concerns of their constituents.
Additionally, the resolution highlighted that various marriage laws were drafted by the legislature without anticipating the issue of same-sex marriage, and therefore any judicial interpretation on this matter would lack effectiveness in the absence of 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.”
The Bar Council of India (BCI) has also expressed similar views by passing a resolution on Sunday, urging the Supreme Court of India to postpone the decision on same-sex marriage and leave it to be deliberated upon by the legislature. Chief Justice of India, DY Chandrachud, has been presiding over a Constitution Bench of five judges that has been hearing petitions advocating for the recognition of same-sex marriages in India 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
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