More than 30 LGBTQIA++ collectives of law school students transfer in opposition to the Bar Council of India’s resolution urging the SC to not take care of pleas in search of legalisation of same sex marriage. | file picture
| Photo Credit: MOORTHY RV
More than 30 LGBTQIA++ collectives of law school students have stated the Bar Council of India (BCI) resolution urging the Supreme Court to not take care of pleas in search of legalisation of same sex marriage is “antithetical” to the Constitution.
The apex bar physique, on April 23, had expressed its concern on the same sex marriage concern being heard within the Supreme Court, saying it might be “catastrophic” to overtake one thing as basic because the idea of marriage and the matter must be left to the legislature.
The resolution, which was issued by the BCI after a joint assembly attended by representatives of all state bar councils, stated any resolution by the apex court docket in such a delicate matter could show very dangerous for the longer term era of the nation.
Also learn: Shining a light-weight on the ‘darkness of ignorance’: literary LGBTQ+ tales
“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 far reaching impact on our socio-cultural and religious beliefs should necessarily come through legislative process only, the meeting unanimously opined,” the council had stated.
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”.
Condemning the stand of the BCI, the LGBTQIA++ (lesbian, homosexual, bisexual, transgender, queer, questioning, intersex, pansexual, two-spirit, asexual, and ally) collectives of over 600 law school students stated, “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”.
In Focus podcast | What legalisation of same sex marriage will mean in India
The BCI’s resolution “entirely unwarranted and a deplorable attempt” to illegitimately create affect for itself, it stated.
The BCI should re-familiarise itself with the position envisioned throughout its institution, have a look at the state of the Indian authorized occupation, and dedicate its assets to extra urgent challenges – slightly than needlessly getting into constitutional debates, the assertion stated.
“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 stated.
A five-judge Constitution bench comprising Chief Justice D.Y. Chandrachud and Justices S.Okay. Kaul, S.R. Bhat, Hima Kohli and P.S. Narasimha is constant with its listening to arguments on the pleas in search of validation of same sex marriage for the sixth day on Thursday.
