SC must let legislature decide on same-sex marriage, says lawyers’ body

The coordination committee of all district court bar associations of Delhi said the issue of same-sex marriage being heard by the Supreme Court should instead be decided the legislature. The apex court is hearing a clutch of petitions seeking legal sanction for marriage between homosexual couples.

In a resolution, the committee said the social ramifications of the ongoing proceedings before the SC are colossal and have the potential for an unintended impact on the social fabric.

It is important that issues that have the potential to affect society at large are discussed and debated in the Parliament where elected representatives can take into account the views and concerns of their constituents, the resolution said.

It said the issue is deeply entrenched in societal norms, values, and beliefs and a decision made in isolation, without the benefit of the view of the society, is likely to be ineffective and may even be counterproductive. The resolution also said the issue required careful consideration and public debate.

The regulation and legalization of marriage can only be determined by the legislature through due legislative process, which involves consultation with all relevant stakeholders as the legislative body reflect the collective wisdom and conscience of the nation and take into account cultural values, social standards, and other factors that define acceptable human behaviour when making decisions about regulating, permitting, or prohibiting human relationships,” it added.

It said the matter required a wide consultative process and cannot be encompassed within the limited judicial adjudicatory precincts. Therefore, it said, judicial intervention in the matter is not advisable.