NCPCR opposes same-sex marriage petitions in Supreme Court; says allowing same-sex couples to adopt will endanger children

The National Commission for Protection of Child Rights (NCPCR) has opposed conferral of adoption rights on same-sex couples in a batch of pleas seeking recognition of same-sex marriage before the Supreme Court of India. .In an intervention application filed before the top court, the NCPCR claimed that there are studies regarding adoption by same-sex parents which show that such a child gets affected both socially and psychologically. "Allowing adoption to same sex couple is akin the endangering the children," the NCPCR submitted. .The study cited in the application was conducted by Dr Paul Sullins of the Catholic University of America. As per the same, emotional and developmental problems were twice as prevalent for children with same-sex parents than for children with opposite sex parents. "It has been further found that the lowest risk of emotional problems was observed among children living with both biological parents who were married."According to the NCPCR, giving children to be raised by persons having issues would be like exposing children to struggle just for experimentation. It was argued that this was not in the children's interest. .Same-sex parents may have a limited exposure to traditional gender role models and hence, children's exposure would be limited and their overall personality growth would be affected. "Right to equality doesn't mean equating unequals and therefore, making a category is not against the provisions of Article 14 of the Constitution. Couple being two different gender are on category whereas couple having same gender can be considered as a different category for the purpose of having children," the NCPCR said,.It also stated that adoption occurs in a similar socio-cultural environment, which would not be possible in the present scenario and thus, it was against principles of the Juvenile Justice Act as well as rules under other Indian laws, international treaties. The Hindu Adoption and Maintenance Act uses the words "spouse" and "wife", while laying down the ability to adopt only for Hindu males and females. Consequently, it does not apply to same-sex couples, the application stated. "The existing legal system concerning children does not envision same-sex couples having custody over / adopting children.".It finally submits that a proper legislative system is required to be adopted regarding same-sex couples, only then could children be brought into the equation and bringing adoption up in the present petitions is premature. .The petition was filed through Advocate on Record Swarupama Chaturvedi. .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 will hear the same-sex marriage petitions tomorrow. The batch of petitions have sought the recognition of same-sex marriages under law, arguing that the right to marry a person of one’s choice should extend to LGBTQIA+ citizens as well..The Central government has opposed the petitions filed before the Supreme Court by gay couples.In an affidavit filed before the top court, the Central government said that living together as partners and having sexual relationship by same sex individuals is not comparable to the Indian family unit concept which involves biological man and biological woman with children born out of such wedlock.The Centre has also filed an application asking the Court to first decide on the maintainability of the petitions..Similar views have been expressed by Islamic religious body Jamiat-Ulama-I-Hind, which has said that notions like same sex marriage originate from western culture that have radical atheistic worldviews and the same should not be imposed on India.However, the Delhi Commission for Protection of Child Rights (DCPCR) has supported the case of the petitioners, and said adoption and succession rights must be conferred on same-sex couples.