Amit Anand Choudhary reports that the National Commission for the Protection of Child Rights (NCPCR) has intervened in the ongoing legal proceedings regarding the recognition of same-sex marriage and its implications, arguing that such couples should not be permitted to adopt children because it is against their welfare and best interests.
The commission, which filed the application through attorney Swarupama Chaturvedi, cited numerous studies indicating that it is detrimental to a child’s overall development to grow up with a same-sex couple. It was stated that Indian laws such as the Hindu Adoption and Maintenance Act and international conventions prohibit same-sex couple adoption.
. The Hindu Adoption and Maintenance Act and international treaties forbid same-sex adoption.
“It is respectfully submitted that allowing same-sex couples to adopt is tantamount to jeopardizing the children. In addition, it is argued that an appropriate legal framework must be established for same-sex couples, according to the application.
“Children raised by parents of the same gender may have limited exposure to traditional gender role models, which may affect their understanding of gender roles and gender identity. These children’s exposure would be limited, and their overall personality development would be affected.
Couples of different genders are one group for having children, whereas couples of the same gender are distinct categories.”
It is humbly argued that this court has established the principle that the right to equality does not imply equating unequally, and therefore the creation of a category does not violate Article 14. “For the purpose of having children, couples of different genders are one category, whereas couples of the same gender can be considered separate categories,” it stated.
Even the most widely ratified human rights treaty in the world, the United Nations Convention on the Rights of the Child, which has been in effect since September 1990 and has been ratified by 195 countries, does not mention same-sex adoption. It was stated that a solitary male is ineligible to adopt a girl child under the Juvenile Justice Act and that allowing a homosexual couple to adopt a girl child would be against the spirit of the Act.
