A coalition of queer and allied student groups from 36 Indian law schools have issued a statement condemning the Bar Council of India's recent resolution on same-sex marriage proceedings before the Supreme Court. The resolution called for the issue to be left for "legislative consideration," citing its sensitivity and criticism from socio-religious groups. The statement from the student collectives called the resolution "ignorant, harmful, and antithetical to our Constitution and the spirit of inclusive social life," adding that it alienated queer individuals and implied that the legal profession had no place for them. The students noted that the Advocates Act did not allow the BCI to comment on sub judice matters and accused the body of attempting to "illegitimately create influence" for itself. The statement further criticized the BCI's disregard for constitutional morality, noting that fundamental rights should not be subject to societal decisions or the whims of a patriarchal society. The students condemned the BCI's use of hateful rhetoric and urged the body to re-familiarize itself with its regulatory function and focus on more pressing challenges facing the legal profession.
A joint statement signed by queer and allied student groups from 36 Indian law schools condemns a resolution passed by the Bar Council of India (BCI) in relation to ongoing same-sex marriage proceedings before the Supreme Court. The statement describes the resolution as “ignorant, harmful, and antithetical to our Constitution and the spirit of inclusive social life”, and accuses the BCI of attempting to exclude queer individuals from the legal profession. The Bar Council of India passed a resolution in a joint meeting with state Bar councils on April 23, requesting the Supreme Court to refrain from deciding on the issue of same-sex marriage and instead leave it for "legislative consideration." The student collectives argue that the BCI’s mandate is based on its regulatory function and that it has no power to comment on “sub judice matters”.
They describe the resolution as a “deplorable attempt” to create illegitimate influence, and call on the BCI to focus on more pressing challenges within the Indian legal profession. The statement highlights the BCI’s disregard for constitutional morality, and notes that marriage equality must not be made subject to societal opinions. The statement further takes issue with the BCI's assertion that marriage has historically been a union exclusively between biological men and women, which it characterizes as a "colonial interpretation of Indian history, culture, and civilization." The statement was signed by several collectives, including Queer Alliance, Savitri Phule Ambedkar Caravan, Feminist Alliance from the National Law School of India University, and Queer and Allied Students from National Law University Odisha.
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