The National Commission for Protection of Child Rights (NCPCR) has filed an intervention application in the marriage equality petitions before the Supreme Court by raising concerns about adoption of children by same-sex couples.
The statutory body stated that the statutes such as Hindu Marriage Act, the Juvenile Justice Act do not recognise adoption by same-sex couples.
same sex couple to adopt childReferring to provisions which bar a single man from adopting a female child, the NCPCR stated that “to allow a gay couple to adopt a female child would be against the scheme of the Juvenile Justice Act 2015”.
“Allowing adoption to same sex couple is akin the endangering the children”, the NCPCR stated after referring to certain studies which found that children raised by heterosexual couples are more emotionally stable.
Giving children to be raised by persons, having issues would be like 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 it applies to children for being raised safely.
It is most respectfully submitted that children may be saved by this Hon’ble Court from being subjected to experimentation or being treated as “subject””, the NCPCR stated.
It further said that children raised by same-sex parents will have limited exposure to “traditional gender roles” and this will impact their understanding of “gender roles and gender identity” and this will limit their overall personality growth.
The NCPCR also raised the apprehension that legalising same-sex marriages would have repercussion on Section 57 of the Juvenile Justice Act, which deals with the eligibility of the Prospective Adoptive Parents.
It may be noted that the Delhi Commission for the Protection of Child Rights has also intervened in the matter, supporting the marriage equality petitions and the adoption rights of same-sex couples.
Multiple studies on same-sex parenting have demonstrated that same sex couples can be good parents, or not, in the same manner that heterosexual parents can be a good parent or not”, DCPCR stated in its plea.
