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The Bar Council of India (BCI) on April 23 passed a resolution opposing legalising same-sex marriage in the country. The resolution was taken following a meeting of the BCI with representatives of each State Bar Council.
The Bar Council of India has decided to ask the Supreme Court to refer the matter of same-sex marriage to the legislative process for extensive consultation, claiming that the issue is "highly sensitive" and has "social, religious, and cultural connotations" and thus requires extensive consultations.
"Ever since the inception of human civilisation and culture, marriage has been typically accepted and categorized as a union of biological man and woman for the twin purpose of procreation and recreation”, the BCI said. It also mentioned that it would be "catastrophic" to overhaul something so fundamental through the judicial process. The legislature is best qualified to handle such delicate matters since it is a true reflection of the will of the people.
"Every responsible and prudent citizen of the country is worried about the future of his-her children after coming to know about the pendency of this matter before the Hon'ble Supreme Court”, the Bar Council of India said. It further claimed that "more than 99.9% of people of the country are opposed to the idea of same-sex marriage". According to the BCI, the vast majority of the population believes that any decision of the Supreme Court in the petitioners' favour will go against the cultural and socio-religious structure of the country.
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