National Commission for Protection of Child Rights (NCPCR) has raised issues in regards to adoption of children by same sex couple. National Commission for Protection of Child Rights has filled an application before the Apex Court opposing the adoption of children by same sex couples in a batch of pleas trying to obtain validity of same sex marriages.
In the filled application, the National Commission for Protection of Child Rights (NCPCR) stated that children get affected both mentally and socially when the parental figures are in a homosexual relationship.
A study by Dr Paul Sullins of the Catholic University of America claimed that, children who grow up with same sex parents have both emotional and developmental issues which are twice as ubiquitous and dominant as compared to children with heterosexual parents.
Further it was submitted that, allowing homosexual couples to adopt children would be equivalent to jeopardizing their life. Later it was noticed that children with both the biological parents are at the least risk of emotional complications.
According to NCPCR allowing children to be raised by people having problems would be similar to exposing them to struggle only for experimenting purposes. Child’s exposure to traditional gender roles would be very limited and that might affect their over-all growth, submitted NCPCR.
NCPCR stated that the Hindu Marriage Act, the Juvenile Justice Act doesn’t consider adoption by same sex couples. Throwing attention to provisions which makes it unable for a single man to adopt a female child, this was compared to allowing a gay couple to adopt a female child and how this would be against the scheme of juvenile justice act 2015. It also stated that adoption occurs in resembling socio- cultural environment, which seems to be impossible in this situation and hence it stands against principles of the juvenile justice act as well as statutes under other Indian laws and international treaties.
It was stated that the Hindu Adoption and Maintenance Act states the word ‘wife’ or ‘spouse’ when it lays down the capability for adopting a child only for Hindu males and females, it doesn’t apply to homosexual couples. Also, the current legal system in matter of children dose not visualize same sex couples having custody over or adopting children.
Lastly it was submitted that a proper legislative system is yet to be introduced for the same sex couple, after which the adoption of children would be accurate to be brought into the debate and considering the current status, bringing adoption in present petitions is way too early.
The bench embracing Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima kohli will be hearing the same sex marriage petitions.
Swarupama Chaturvedi, an attorney on record, filed the petition.
The Central Government has shown disagreement regarding the petition filled by homosexual couples before the Apex Court.
The Central Government has filled an affidavit before the Supreme Court stating that homosexual relationships are not akin to Indian family unit concept which includes a biological woman and a biological man with children born out of that marriage.
The Centre has also submitted an application, requesting that the Court first determine whether the petitions can still be maintained.
Islamic body Jamiat- Ulama- I- Hind has also objected the same sex marriage stating that the same originates from the west and it should not be entertained in India.
Although, the Delhi Commission for Protection of Child Rights (DCPCR) has backed the petitioners who seek the acknowledgement of same sex marriage, on the principle of ‘right to marry a person of one’s choice’ they state that this principle should be applicable to the LGBTQIA+ community.
DCPCR said that adoption rights must be given to the same sex couples.
NAME- PRANJAL JHA, COLLEGE- AMITY LAW SCHOOL NOIDA, SEMESTER- 2ND
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