The Supreme Court was hearing an intervention application in the marriage equality petitions moved by National Commission for Protection of Child Rights, NCPCR, wherein the concerns are raised before the court about the adoption of children by same-sex couples.
The court observed wherein it has been stated by the statutory body that the statutes such as Hindu Marriage Act, 1955 the Juvenile Justice Act, 2015 do not recognise adoption of children made by same-sex couples. Thus, the said court also referred to the provisions which bar a single man from adopting a female child. Thus, the NCPCR stated that it would be against the scheme of the Juvenile Justice Act 2015 if the same-sex couples are allowed to adopt a female child would be.
Further, the NCPCR stated while it reffered to certain studies which found that children raised by heterosexual couples are more emotionally stable and has allowed the adoption to same sex couple is akin the endangering the children.
It has also been stated by the NCPCR that giving children who are to be raised by persons, while having issues would result in exposing children to struggle just for experimentation and the same is not in the interest of children as every individual have same human rights and the same applies to children who are being raised safely. Further, it has also been submitted before the court that this Hon’ble Court may save children from being subjected to experimentation or being treated as ‘subject’
Further, it has also been stated before the court that the children raised by same-sex parents will have limited exposure to traditional gender roles’ and the same will impact their understanding of gender roles and the gender identity and the same will limit their overall personality growth.
It has also been raised by the NCPCR that the apprehension that legalising same-sex marriages would have repercussion on Section 57 of the Juvenile Justice Act, wherein it deals with the eligibility of the Prospective Adoptive Parents.
The court in the case observed and has noted that the Delhi Commission for the Protection of Child Rights has also intervened in the present matter, wherein it supported the marriage equality pleas and also for the adoption rights of same-sex couples.
Therefore, the plea moved by DCPCR stated that it has been demonstrated in the multiple studies on same-sex parenting that the same sex couples can be a good parent, or not, in the same manner that heterosexual parents can be a good parent or cannot be a
good person.
