All District Court Bar Associations Of Delhi Passes Resolution Against Ongoing Proceedings Before Supreme Court On Same-Sex Marriage

All District Court Bar Associations Of Delhi has passed a resolution against the ongoing proceedings before the Supreme Court on recognition of same-sex marriages, stating that the issue or legalization of marriage can only be determined through legislative process in consultation with all stakeholders.

A resolution passed by the Coordination Committee of the lawyers’ body states that the process cannot be condensed into a “single court case” as it requires ongoing dialogue and collaboration and that the issue should be referred to parliament where a more extensive consultation process can take place.

“Marriage and its incidental issues are blended with the social structure in a manner that it touches each and every individual on many levels including cultural, religious, emotional etc. The issue at hand requires wide consultative process and hence cannot be encompassed within the limited judicial adjudicatory precincts, therefore judicial intervention in the said matter is not advisable on the basis of equity and fairness as well,” the resolution reads.

It adds that the issue of same-sex marriage and its “societal, psychological and medical impacts” are at a “nascent and experimentative stage” which should be treated with utmost caution and wide consultation and discussions.

“Decisions made in isolation, without the benefit of the view of the society, are likely to be ineffective and may even be counterproductive. Such drastic change in law or policy must be made while keeping in mind the interest of the society as a whole, and this can only be achieved when there is broad-based societal acceptance. Therefore, it is important that such issues are debated in a democratic way in the Parliament, where elected representatives can take into account the views and concerns of their constituents,” the resolution adds.

Stating that the highest court of the land plays a pivotal and crucial role in upholding the rule of law and maintaining harmony in the society, the resolution submits that that some issues are “too complex” and have far-reaching consequences which cannot be left to the discretion of courts.

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