bci opposing same sex marriage hearing

The Supreme Court Bar Association (‘SCBA’) passed a resolution on 27-4-2023 condemning the press release issued by BCI against same-sex marriage hearing before the Supreme Court. The Committee found it ‘highly inappropriate’ on part of the Bar Council of India (‘BCI’) to issue such statement against the ongoing Supreme Court same-sex hearing.

The main part of the SCBA resolution condemning BCI in the instant matter read as “The SCBA Executive Committee feels that it is highly inappropriate for the BCI to issue a Press Statement opposing a hearing of the matter before the Supreme Court.”

Earlier, some members of BCI had commented on same-sex marriages to be against the culture and civilization and that no religion in India supports these types of marriages.

The SCBA resolution explains that it is duty of the Court to hear a petition and thereby decide whether a matter should be adjudicated by the Court or left to the Parliament’s wisdom. There were names of 21 members of the SCBA out of which, 11 members supported the resolution, while no one opposed the said SCBA resolution.

The SCBA resolution specifically clarified that it should not be construed as SCBA supporting or opposing the petitioner in the ongoing matter of Supriyo Chakraborty v. Union of India.

Source: SCBA/EC/2022-23 – Supreme Court Bar Association Resolution dated 27-04-2023.

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