The commission, which filed the application through advocate Swarupama Chaturvedi, cited many studies which pointed out that it was not good for the overall development of a child to grow up in the company of same-sex couple. It said Indian laws like the Hindu Adoption and Maintenance Act and international conventions do not recognise adoption by same-sex couples.
Mumbai: The India Psychiatric Society (IPS) on Sunday reiterated its call for equal treatment of LGBTQA individuals in all aspects of life, including education, employment, housing, income, government or military service, access to healthcare, property rights, marriage, adoption, survivorship
“It is humbly submitted that allowing adoption to same-sex couples is akin to endangering the children. It is further submitted that a proper legislative system needs to be adopted regarding same-sex couples,” the application said.
“Children raised by same-sex parents may have limited exposure to traditional gender role models which could impact their understanding of gender roles and gender identity. The exposure of these children would be limited and their overall personality growth would be affected. It is humbly submitted that this court has settled the principle that right to equality does not mean equating unequals and therefore making a category is not against the provision of Article 14. Couples of two different genders are one category whereas couples of the same gender can be considered as different categories for the purpose of having children…,” it said.
The commission said even the UN Convention on Right of the Child, which is the most widely ratified human rights treaty in the world since coming into force in September 1990 and having been ratified by 195 countries, does not mention that a child can be adopted by a same-sex couple. It said as per the Juvenile Justice Act, a single male is not eligible to adopt a girl child and going by that criteria allowing a gay couple to adopt a female child would be against the scheme of the Act.