An intervention application in the plea seeking legal recognition of same sex marriage in India has been filed by The Delhi Commission for Protection of Child Rights.
On 18th April 2023, this plea was listed before the constitutional bench of the Supreme Court.
While asserting that the Delhi Commission for Protection of Child Rights leaders has a total of 15 years of collective experience in addressing Child Rights issues, the application contains that the DCPCR is a statutory body under the Children Protection Act 2005. It can assist the Supreme Court in the influence of same-sex marriages on children.
This application deals with the following issues:
1) Psychological Impact on Children being brought up in Same-sex Households:
The Statutory body stated that same-sex couples don’t have any advantage or disadvantage in comparison to heterosexual parents.
It also states that more than 50 countries are allowing same-sex couples to legally adopt children.
2) Gendered Language used in legislation will not bar the rights of same-sex couples:
The application contends that the impact of legalizing same sex marriages on the gender-specific language used in the laws is not serial.
The patriarchal setup of our society highlights that the Indian Legislature has adopted many safeguards to deal with certain social wrongs which are unfavorable to women.
It also states that a gender-neutral approach could be required for issues such as domestic violence, custody, and maintenance.
And the rise of the social reality of vulnerable sex and dominant sex is not necessary for homosexual marriages. But the issues regarding domestic violence can arise and so may the need for custody, maintenance, etc. to any of the spouse, the laws thus requires a gender-neutral approach.
But this is only a matter of relief as the power equation between the couple is less likely to be titled to any of the spouses, which is said in the plea.
3) The importance of recognition of same-sex marriages:
The request highlights the importance of homosexual marriage for children’s ability to grow up in a non-discriminatory environment.
It states that in a socio-legal environment where basic legal rights are not injured by individuals having a homosexual orientation. An adolescent who developed in homosexual orientation has adverse psychological complexes and also suffers from mental issues.
There are some guidelines given by DCPCR :
Directions to the central government and State government to take several steps in creating public awareness that same-sex families are as neutral as heterosexual families and the children belonging to the former are not ‘incomplete”.
Directions to educational institutions and school boards that normalization should be undertaken in the classroom context where issues regarding same-sex families are brought up.
Direction to the NCERT and SCERT to check and eliminate those contents which are related to homosexuality.
Directions to NCERT and SCERT to rephrase those passages and diagrams which are related to homosexuality.
Directions to the authority to create helplines for those children who are facing bullying because they belong to a same-sex family.
Directions to the authorities to construct infrastructure for counseling and provide psychological counselors to the children who are suffering from bullying due to their belonging to a same-sex family.
This application has been filed by Advocate Gautam Bhatia, Advocate Nisha Tomar, and by AOR Abhishek Manchanda.
The Union Government has also fled a counter-affidavit opposing judicial intervention to grant legal recognition for same sex marriages.
Name: Varsha Sukhwal,College: Parul University, Semester: 4th (BALLB)
