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Synopsis

In a group of petitions requesting recognition of same-sex marriage before the Supreme Court of India, the National Commission for the Protection of Child Rights (NCPCR) has opposed granting adoption rights to same-sex couples.

In a petition for intervention lodged with the apex court, the NCPCR asserted that the social and psychological effects of adoption by same-sex parents have been demonstrated in studies.

The plea stated that according to a study conducted by Dr. Paul Sullins of the Catholic University of America, emotional and developmental problems are twice as prevalent in children with same-sex parents compared to those with opposite-sex parents.

According to the NCPCR, allowing children to be raised by individuals having issues would be tantamount to exposing children to struggle for the sake of experimentation. It has been argued that this will not be in the best interest of the children.

“Allowing adoption to a same-sex couple is akin to endangering the children,” the plea stated.

NCPCR said that children of same-gender parents may have limited exposure to traditional gender role models; as a result, their overall personality development may be impacted.

“An adoption occurs in a similar socio-cultural environment, which is not possible in the present scenario and therefore the same is against the provisions of Juvenile Justice Act and rules made therein and also against the other Indian laws and also recognized in various international treaties,” the plea stated.

It also stated that adoption occurs in a similar socio-cultural environment, which is not possible in the current situation, and that it is therefore against the principles of the Juvenile Justice Act as well as the rules of other Indian laws and international conventions.

The Hindu Adoption and Maintenance Act employs the terms "spouse" and "wife" while only allowing Hindu males and females to adopt. Accordingly, it does not apply to same-sex couples, stated the application.

It said that a proper legislative system must be adopted regarding same-sex couples before children can be brought into the equation, and that it is premature to bring up adoption in the current petitions.

“First a proper legislative system needs to be adopted regarding same-sex couples and then bringing children into the equation would be beneficial for both,” the plea stated.

A Constitution bench of the Supreme Court comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha and Hima Kohli is seized with the same-sex marriage petitions.

Earlier last month, the Supreme Court had ordered that the pleas seeking recognition for same-sex marriage be heard by a five-judge Constitution bench on April 18 for final disposal.

Referring to the questions raised by Solicitor General Tushar Mehta in one of the hearings in the case, relating to the potential impact of the legalisation of same-sex marriages on issues around adoption rights, the DCPCR has submitted that the rights of same-sex couples to marry and constitute a family have a direct bearing upon the rights of children who may become members of such families.

In an affidavit filed before the apex court, the Central government has also stated that living together as partners and having sexual relationships by individuals of the same sex are not comparable to the Indian family unit concept, which involves a biological man and biological woman with children born outside of such a marriage.

Case Title: Supriyo@ Supriya Chakraborthy v. Union of India & Anr. (a batch of petitions)