Queer couples should have child adoption rights: CJI Chandrachud
CJI DY Chandrachud on Tuesday reportedly held as "illegal" certain guidelines under the Central Adoption Resource Authority (CARA), which restrict queers and unmarried couples from adopting children. This came while the Supreme Court was pronouncing the verdict on pleas seeking legal recognition of same-sex marriages. Opining queer couples should be granted adoption rights, Chandrachud said CARA Regulation 5(3) indirectly discriminates against atypical unions.
CARA regulation restricts queer couples from adopting kids
Can't assume only heterosexual couples can be good parents: CJI
Noting that queer persons can adopt children individually but not as a couple, Chandrachud said it amounted to "discrimination." "Law cannot assume that only heterosexual couples can be good parents. The adoption regulations (under CARA) are violative of the Constitution for discrimination against queer couples," he added. Reading his judgment, Chandrachud opined that queer couples should also have the right to adopt a child.
Centre assures to form committee on queer rights
Furthermore, Chandrachud said the Union government, states, and union territories should not restrict queer people from getting into a union in order to avail benefits of the state. He said the Centre—through Solicitor General (SG) Tushar Mehta—has already assured a committee would be set up to decide on such couples' rights, including ration cards, pension, gratuity, and succession, after consultation with concerned stakeholders.
'Parliament, state legislatures to recognize queer marriages': SC
While pronouncing the verdict, the top court also said, "It's for Parliament and state legislatures to legally recognize queer marriages." It also noted it cannot strike down or read words into the Special Marriage Act (SMA) as it will take India back to the pre-independence era. "Queer couples have a right to enter into union. It's the state's duty to ensure...protection and...rights," it said.
Know about petitions seeking marriage equality
The SC heard nearly 21 petitioners who had sought legal recognition of same-sex marriages in India. The petitions also submitted that the queer community faces violence and discrimination due to their sexual orientation. To this, the SC said the governments should ensure there's "no discrimination" in benefits and services against such couples. It also directed the police to ensure no queer person is harassed.
