The five-judge bench passed a 3:2 verdict against adoption rights for the LGBTQIA community.
Digital Desk: The Supreme Court of India on Tuesday rejected several petitions asking for the legalisation of same-sex unions and dismissed queer unmarried couples' requests for adoption rights.
The five-judge bench passed a 3:2 verdict against adoption rights for the LGBTQIA community. Justices Ravindra Bhat, Hima Kohli, and PS Narasimha disagreed from the arguments made by Chief Justice DY Chandrachud and Justice Sanjay Kishan Kaul in favour of granting adoption rights to LGBT couples.
The current "adoption regulations are violative of the constitution for discriminating against queer couples," Justice DY Chandrachud said in delivering the ruling on same-sex marriage. "Law cannot assume that only heterosexual couples can be good parents," he said.
According to him, the Central Adoption Resource Authority (CARA) circular is "in violation of Article 15 of the Constitution" since it denies homosexual couples the ability to adopt.
Atypical unions are subject to indirect discrimination under CARA Regulation 5(3). An LGBT person is only permitted to adopt on an individual basis. According to him, this has the consequence of legitimising discrimination against the queer community.
"There is no material on record to prove that only a married heterosexual couple can provide stability to a child," said Justice Chandrachud. As for the Chief Justice's opinions on adoption," Justice Kaul also agreed.
Contradicting the CJI, Justice Bhat stated that while there are some issues that need to be resolved, unmarried LGBTQ couples can be equally good parents as heterosexual couples.
"We express a few concerns. This is not to argue that unmarried or non-heterosexual couples cannot be excellent parents; rather, given the goal of Section 57, the State as parens patriae must investigate all options and make sure that all advantages are provided to all children who need stable homes, according to Justice Bhat.
The 3:2 choice resulted from disagreements with CJI Chandrachud from Justices Hima Kohli and PS Narasimha as well.
The central government will establish a commission to decide the rights and benefits of those in queer unions, according to the Supreme Court, which ruled against legalising same-sex marriage.
The court further stated that the committee should take into account giving gay couples the option to apply for joint bank accounts, including them as family members for purposes of ration cards, and explore giving them pension and other benefits rights.
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