This petition has been drafted and signed by supporters of the LGBTQIA+ community, who are citizens of India, with respect to the recent resolution passed by the Bar Council of India (“BCI”) in relation to Supriyo @ Supriya Chakraborty v. Union of India (Writ Petition (Civil) No. 1011/2022) (“Resolution”), which has been published on reporting portals including: Live Law and Bar and Bench.

It is the undersigned position that the Resolution is a deplorable stand taken by a few lawyers at the BCI, purporting to represent the view of all the advocates in the country. The Resolution demands that the Hon’ble Supreme Court “leave the issue of same-sex marriage to legislative process” and not adjudicate upon the said matter.

The resolution, inter alia, contains the following objectionable and irresponsible statements:

“Marriage has been typically accepted and categorized as a union of a biological man and woman”
“More than 99.9% of people of the country are opposed to the idea of same-sex marriage”
“The Bar is the mouthpiece of the common man and therefore, this meeting is expressing their anxiety over this sensitive issue”
We, the signatories, oppose the above resolution in its entirety on the following grounds:

The matter is sub judice, and it is common knowledge that such a resolution constitutes an undue interference with the judicial process.
Since the inception of modern society, lawyers like Dr. Ambedkar, Dr. Rajendra Prasad, Sardar Patel, have been at the forefront of legal and social reform. This resolution is a regressive step.
Lawyers have the duty to initiate reforms in the society. The resolution is attempting to put the fundamental rights of a small community at the mercy of the majoritarian views and approvals.
The BCI, under Section 6(1)(e) of the Bar Council of India Act, 1961, has the duty to “promote and support law reform”. Through the said resolution, the BCI is attempting to stifle it.
There is no empirical data to support your statement, “more than 99.9% of the people do not support LGBTQIA+ reforms”.
The BCI is not an entirely elected body and does not represent the views of the entire legal community; hence, it cannot express “anxiety” on behalf of all Advocates.
As far as the undersigned are aware, the BCI itself does not have a single woman or member of the LGBTQIA+ community and is gravely under-represented and skewed towards one section of the legal community.
In light of the above, we call upon you to do the following:

Immediately recall the Resolution mentioned aforesaid; and
Take steps to include the voices of women, members of the LGBTQIA+ community, and other under-represented classes (such as SC, ST, and OBC) in the BCI so that a more comprehensive discussion is undertaken by the BCI.