Student bodies, queer collectives from 36 law schools condemn BCI statement that 99.9% Indians oppose marriage equality

Student bodies and queer collectives from 36 law schools across India have condemned a recent resolution passed by the Bar Council of India (BCI), in which it was claimed that 99.9% of Indians were opposed to the recognition of same-sex marriage..After a joint meeting with State Bar Councils, BCI had passed a resolution suggesting that the Supreme Court of India withdraw from deciding on the issue.A Constitution Bench of the apex court is currently hearing a batch of petitions seeking, among other relief, amendments to the Special Marriage Act to extend the right to marry to queer persons..The representation of the student bodies categorically opposes every claim alleged by the BCI in its press release. Broadly, the statement addresses at length the following aspects: 1. The ultra vires act of the BCI in issuing statements are in stark violation of Section 4, 7 and 15 of the Advocates Act, 1961.2. Marriage equality is a matter of fundamental rights and human dignity as against the BCI's claim of it being a ‘Social Experiment, engineered by a selected few.’3. The proposition that the institution of marriage is centered on 'procreation' denies the existence of other familial forms including heterosexual couples who choose not to bear children and elderly individuals who lack the capacity to procreate.4. Law is a counterweight to majoritarian social morality as against a 'codified social norm that reflects the collective conscience of its people'.5. The BCI is not itself a representative body which can speak for the community, and therefore not a ‘mouthpiece of the common men’.."On what basis they conjure this data is unclear. But what is more concerning is that this view harkens back to the ‘miniscule minority’ argument used by the Supreme Court in 2013 while overturning the decision of the Delhi High Court to strike down §377 of the IPC. This view has now been expressly overruled by the Supreme Court of India and has rightly been rejected as a spurious understanding of the Constitutional scheme of Fundamental rights," the statement reads..Summing up the condemnation of the BCI's resolution, the statement reads,"We condemn this Resolution for what it clearly is: an attempt to browbeat and influence the Supreme Court’s decision in this sensitive and important matter. We also pledge our continuing solidarity with the queer communities whose fights for liberation and emancipation extend far beyond this current petition...As students of law, we are proud to situate ourselves in history as a group that stood on the side of justice at this critical juncture. To quote the ever-inspiring motto immortalised by Dr B.R. Ambedkar: Educate, Agitate, Organise!".The representation was signed by students from the following law schools - National Law University, Delhi; National Law School of India University, Bangalore; OP Jindal Global University; University of Rajasthan; Faculty of Law, Delhi University; Rajiv Gandhi National University of Law, Patiala; Dr. Ram Manohar Lohiya National Law University, Lucknow; Symbiosis Law Schools; Tamil Nadu National Law University; Damodaram Sanjivayya National Law University; National Law Institute University; Gender and Sexuality Forum, Gujarat National Law University; National Law University Sonepat; School of Law, CHRIST (Deemed to be University); National Law University Odisha; NALSAR University of Law; Maharashtra National Law University, Mumbai; West Bengal National University of Juridical Sciences; Hidayatullah National Law University; NMIMS Hyderabad; National University of Advanced Legal Studies; University School of Law and Legal Studies; Vivekananda Institute of Professional Studies; DY Patil School of Law; Ramaiah College of Law; Lords Universal College of Law; Kirit P Mehta School of Law, NMIMS Mumbai; ICFAI Law School, Hyderabad; National Law University Jodhpur; JSS Law College; HPNLU Shimla; Government Law College, Mumbai; and ILS Law College, Pune.[Read Statement here].[Read Representation here]