'Highly Inappropriate' : SCBA Criticises BCI For Opposing Same-Sex Marriage Case Hearing In Supreme Court

In a significant development, the Supreme Court Bar Association has taken exception to the Bar Council of India opposing the hearing of the same-sex marriage case in the Supreme Court.

A unanimous resolution passed by the Executive Committee of the SCBA criticised the BCI for making a public comment against the ongoing case before the Supreme Court. The apex court lawyers' body stated that "it was highly inappropriate for the BCI" to issue a press statement opposing the hearing of the matter before the Supreme Court. 

On April 23, the BCI had publicized its resolution whereby it requested the Supreme Court to leave the matter of legalising same-sex unions to the Parliament, as the issue had widespread ramifications on socio-religious traditions. The BCI also claimed that it was "the mouthpiece of the common man" and that "more than 99.9% of people of the country are opposed to the idea of same sex marriage".

Taking exception to the BCI's approach, the SCBA resolution stated that it was for the Court to decide whether it should adjudicate the matter or to leave it to the Parliament. While saying so, the SCBA also clarified its neutrality on the position, stating that the resolution should not be construed as either supporting or opposing the petitioners.

A Constitution Bench comprising Chief Justice of India DY Chandrachud, Justices SK Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha is hearing a batch of petitions which seek legal recognition for same-sex marriages. The bench has heard arguments for six days and will resume the hearing on May 3.