SC denies adoption rights to LGBTQIA+ couples in 3-2 verdict
The Supreme Court's five-judge Constitution bench on Tuesday denied adoption rights to LGBTQ+ unmarried couples by passing a 3-2 verdict. While CJI DY Chandrachud and Justice Sanjay Kaul opined they should be granted adoption rights, Justices Ravindra Bhat, Hima Kohli, and PS Narasimha disagreed. Moreover, CJI Chandrachud noted that the existing "adoption regulations are violative of the constitution for discrimination against queer couples."
CARA regulation discriminative against queer community: CJI
In his judgment, Chandrachud held a Central Adoption Resource Authority (CARA) regulation—restricting unmarried and queer people from adopting kids—as illegal. The CJI said, "CARA Regulation 5(3) indirectly discriminates against atypical unions. A queer person can adopt only in an individual capacity. This has the effect of reinforcing...discrimination against the queer community." He added there's no evidence that only heterosexual couples can be good parents.
State has to ensure stable homes for children: Justice Bhat
Disagreeing with Chandrachud, Bhat said, "Given the objective of Section 57 (of the Juvenile Justice Act), the state as parens patriae (parent of the nation) has to explore all areas and to ensure all benefits reach the children at large in need of stable homes." "This is not to say that unmarried or non-heterosexual couples can't be good parents," he stressed, India Today reported.
Unmarried couples not barred from adopting kids: CJI
Moreover, Chandrachud said the law didn't prevent unmarried couples from adopting kids. He further observed the Centre hasn't established that preventing unmarried couples from adopting is in the best interest of children. "CARA has exceeded its authority in barring unmarried couples," he said. "Differentia between married couples and unmarried couples has no reasonable nexus with the objective of CARA—the best interests of the child."
Queer couples can't adopt kids jointly, but individually
The CJI said the CARA circular restricting queer couples from adopting children violated Article 15 of the Constitution, Bar & Bench reported. The bench, in its verdict, said that queer couples can't adopt kids jointly but allowed such an individual to do the same. The CARA is a statutory body under the Ministry of Women and Child Development and the nodal agency facilitating adoptions.
