All Delhi Bar Association’s resolution against daily hearing of same-sex marriage pleas
A day after the Bar Council of India opposed the grant of legal recognition of same-sex marriage in India, the All Delhi bar association on Monday passed a resolution against the day-to-day hearing about recognition of same-sex marriage.
The resolution states 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 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 resolution reads.
“Such issues require a broad-based consensus that can only be achieved through public debate and discussion. Therefore, it is important that issues 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 co-ordination committee of the district 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.
“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 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 discussion,” the resolution reads.
The Supreme Court’s constitution bench is presently hearing the batch of petitions seeking legal recognition of same-sex marriage in India.
