The National Commission for Protection of Child Rights (NCPCR) has filed an intervention application raising concerns about adoption rights of same-sex couples, in connection with the batch of marriage equality pleas at the Supreme Court. The application has been filed days before a five-judge Constitution bench is scheduled to hear the batch of petitions challenging certain provisions of different marriage laws. A bench comprising Chief Justice of India DY Chandrachud, Justices Sanjay Kishan Kaul, S Ravindra Bhat, PS Narasimha, and Hima Kohli will be hearing the petitions on Tuesday, April 18.
Claiming there are studies showing that adopted children of same-sex couples get affected socially and psychologically, the NCPCR said, “Allowing adoption to same sex couples is akin to endangering the children. It has been further found that the lowest risk of emotional problems was observed among children living with both biological parents who were married.”
The NCPCR also contended that children of same-sex couples would have limited exposure to traditional gender role models because of their parents’ orientation. The NCPCR argued that such adoption was against the principles of the Juvenile Justice (JJ) Act and other similar laws and treaties. They also pointed out provisions that prevent a single man from adopting a female child and said that allowing gay couples to adopt a girl child will be against the JJ Act. According to the Bar and Bench, the petition has been filed through Advocate Swarupama Chaturvedi.
It is to be noted that the Delhi Commission for Protection of Child Rights (DCPCR) and the Indian Psychiatric Society recently came out in support of the petitions seeking marriage equality for LGBTQIA+ community. DCPCR, in its intervention petition filed at the apex court, asserted that “the sexual orientation of a child’s parents — and whether the child is brought up by a heterosexual couple or a homosexual couple — has no bearing upon their emotional development or psychosocial growth.”