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Bar Council of India passes resolution against Supreme Court’s grant for legal recognition of same-sex marriages

SC on Thursday had said that it may be redefining “evolving notion of marriage” in the coming time.

The Bar Council of India on Sunday passed a resolution opposing the grant of legal recognition to same-sex marriages. Seeing how it is a sensitive matter involving diverse stakeholders, it should be dealt with elaborative consultation, the council said.

The Supreme Court earlier on Thursday said it may be redefining the “evolving notion of marriage” as the next step after decriminalising consensual homosexual relationship which implicitly recognised that same-sex people could live in a stable marriage-like relationship.

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A five-judge Constitution bench headed by Chief Justice D Y Chandrachud, which heard a batch of petitions seeking legal sanction for same-sex marriage, did not agree to the contention that unlike heterosexuals same-sex couples cannot take proper care of their children.

The CJI referred to instances of alcohol abuse by heterosexuals in families and the adverse impact it has on children. He said he did not agree to the submission even at the risk of getting trolled. “Even at the risk of getting trolled, but now this has become the name of the game for the judges to confront. Answers what we say in the court are in the troll and not in the court you know,” the CJI said.

According to the Bar Council of India, the issue of same-sex marriage is sensitive and involves stakeholders from diverse socio-religious backgrounds.

Therefore, the council believes that the matter should be dealt with after an elaborative consultation process involving different social and religious groups by the competent legislature.

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“The Joint meeting is of the unanimous opinion that in view of the sensitivity of the issue of same-sex marriage, having a spectrum of stakeholders from diverse socio-religious backgrounds, it is advisable that this is dealt with after an elaborative consultation process involving different social, religious groups by the competent legislature,” the Bar Council of India said in its resolution.

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