Delhi Commission for Protection of Child Rights (DCPCR) has backed the petitioners' argument, stating that same-sex couples should...
The NCPCR said in an intervention plea filed before the Supreme Court that studies on adoption by same-sex parents reveal that such a kid suffers social and psychological consequences.
"Allowing adoption to same-sex couples is akin to endangering children," the NCPCR pointed out.
Dr. Paul Sullins of the Catholic University of America conducted the study stated in the application. Based on the same study, children with same-sex parents had twice as many emotional and developmental issues as children with opposite-sex parents.
As per the study, "It was also discovered that children living with both biological parents who were married had the lowest risk of emotional problems."
Following the NCPCR's statement, allowing children to be raised by people who have issues is akin to subjecting them to hardship for the sake of experimenting. It was contended that this was not in the best interests of the children.
Same-sex parents may have limited exposure to typical gender role models, limiting their children's exposure and affecting their overall personality development.
"Because the right to equality does not imply equating unequal, creating a category is not in violation of Article 14 of the Constitution." "A couple of different genders is in one category, whereas a couple of the same gender is in another category to have children," the NCPCR stated.
It further claimed that adoption takes place in a similar socio-cultural setting, which is not conceivable in the current scenario, and so it violated principles of the Juvenile Justice Act as well as requirements under other Indian laws and international treaties.
The Hindu Adoption and Maintenance Act employs the phrases "spouse" and "wife" while restricting adoption to Hindu males and females. As a result, it does not apply to same-sex couples, according to the application.
"The current legal system regarding children does not envision same-sex couples having custody of or adopting children."
Finally, it claims that a proper legislative structure involving same-sex couples must be implemented before children can be considered and that bringing adoption up in the current petitions is premature.
Advocate on Record Swarupama Chaturvedi filed the petition.
On April 16, a Supreme Court Constitution bench comprised of Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli will hear the same-sex marriage petitions.
The petitions sought legal recognition of same-sex marriages, saying that the freedom to marry the person of one's choice should be extended to LGBTQIA+ people as well.
The Central government stated in an affidavit filed before the Supreme Court that living together as partners and having sexual relationships with same-sex individuals is not comparable to the Indian family unit concept, which involves biological men and biological women with children born out of such wedlock.
The Centre has also filed an application seeking the Court to first rule on the petitions' maintainability.
Similar sentiments have been expressed by the Islamic religious organization Jamiat-Ulama-I-Hind, which has stated that conceptions such as same-sex marriage originate in Western cultures with extreme atheistic worldviews and should not be forced on India.
On the other hand, the Delhi Commission for the Protection of Child Rights (DCPCR) has backed the petitioners' argument, stating that same-sex couples should be granted adoption and succession rights.
Leave A Comment