In a recent resolution, the Bar
Council of India declared its opposition to the legalization of same-sex
marriage, drawing strong criticism from law students across the country. The
resolution, which called the recognition of same-sex marriage "unnecessary,
uncalled for, and beyond the scope of the Indian Constitution," was seen
by many as ignorant, harmful, and antithetical to the principles of equality
and justice that the legal profession is supposed to uphold.
Law students from various
universities and colleges have condemned the Bar Council's resolution, saying
that it reflects a lack of understanding of the Constitution and the
fundamental rights of citizens. They argue that the recognition of same-sex
marriage is not only necessary but also long overdue, given the discrimination
and stigma that LGBTQ+ individuals face in India.
The students pointed out that the
Constitution guarantees equality and non-discrimination to all citizens,
regardless of their sexual orientation or gender identity. They also cited
several landmark judgments by the Supreme Court, including the Navtej Singh
Johar case, which decriminalized homosexuality and recognized the right to
privacy as a fundamental right.
Besides, the understudies contended
that the Bar Council's determination is not justified because it sustains the
marginalization and persecution of LGBTQ+ people. They emphasized the
requirement for the lawful calling to be comprehensive and inviting to all, in
any case of their character or introduction.
In conclusion, the law students
criticized the Bar Council's resolution as a regressive and backward step that
goes against the principles of justice and equality. They called on the Bar
Council to retract the resolution and take a more progressive stance on issues of
LGBTQ+ rights and equality. They moreover encouraged their law understudies and
legal counselors to stand up for the rights of all citizens, in any case of
their sexual introduction or sexual orientation character.
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