Queer Collectives Of More Than 30 Law Schools Condemn BCI's Resolution Opposing Same-Sex Marriage

As many as 36 queer collectives of Indian law schools have condemned the resolution of the Bar Council of India (BCI) that opposed the legal recognition of same-sex marriage. The BCI resolution urged the Supreme Court not to deal with pleas seeking the legalisation of same-sex marriage as it is "antithetical" to the Constitution.

The apex bar body, on April 23, had expressed its concern on the same-sex marriage issue being heard in the Supreme Court, saying it would be "catastrophic" to overhaul something as fundamental as the concept of marriage and the matter should be left to the legislature.

What did the resolution read?

The resolution, which was issued by the BCI after a joint meeting attended by representatives of all state bar councils, said any decision by the apex court in such a sensitive matter may prove very harmful to the future generation of the country.

"India is one of the most socio-religiously diverse countries of the world consisting of a mosaic of beliefs. Hence, any matter which is likely to tinker with the fundamental social structure, a matter which has a far-reaching impact on our socio-cultural and religious beliefs should necessarily come through the legislative process only, the meeting unanimously opined," the council had said.

It added that "any decision by the apex court in such a sensitive matter may prove very harmful for the future generation of our country".

Further, the Council stated that marriage has been historically viewed as a union between a “biological man” and a “biological woman” for the twin purpose of procreation and recreation. Hence, it urged the apex court to deal with issues dealing with social and religious connotations through the doctrine of reference. 

"The Bar is the mouthpiece of the common men and, therefore, this meeting is expressing their anxiety over this highly sensitive issue. The Joint Meeting is of the clear opinion that if the Supreme Court shows any indulgence in this matter, it will result in destabilizing the social structure of our country in the coming days. The Apex Court is requested and expected to appreciate and respect the sentiments and mandate of the mass of the country," BCI said in its statement.

Students condemn the act

Condemning the stand of the BCI, the LGBTQIA++ (lesbian, gay, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally) collectives of over 600 law school students said, “The (BCI) resolution is ignorant, harmful, and antithetical to our Constitution and the spirit of inclusive social life."

"It attempts to tell queer persons that the law and the legal profession have no place for them. We, the undersigned, are queer and allied student groups across Indian law schools," they said in a statement.

The students belong to 36 law schools, including National Law University Delhi, Faculty of Law, Delhi University and Gujarat National Law University.

 

The statement said that as future members of the Bar, it has been alienating and hurtful to see seniors engaged in "such hateful rhetoric".  

The BCI’s resolution was “entirely unwarranted and a deplorable attempt” to illegitimately create influence for itself, it said.

The BCI must re-familiarise itself with the role envisioned during its establishment, look at the state of the Indian legal profession, and devote its resources to more pressing challenges – rather than needlessly entering constitutional debates, the statement said.

“We are most troubled by the BCI’s stunning disregard for constitutional morality. Our Constitution is a counterweight to majoritarianism, religious morality, and unjust public opinion..,” it said.

A five-judge Constitution bench comprising Chief Justice D Y Chandrachud and Justices S K Kaul, S R Bhat, Hima Kohli and P S Narasimha is continuing with its hearing arguments on the pleas seeking validation of same-sex marriage for the sixth day on Thursday.

(with PTI inputs)