- By Kamal Kumar
- Tue, 17 Oct 2023 01:34 PM (IST)
- Source:JND
Same-Sex Marriage Verdict: The Supreme Court of India in a historic hearing on legal approval for same-sex marriages, on Tuesday, issued a 3-2 ruling on the matter of adoption rights. Chief Justice of India DY Chandrachud and Justice SK Kaul acknowledged the adoption rights of queer couples, whereas Justice S Ravindra Bhat, Justice PS Narasimha, and Justice Hima Kohli dissented.
CJI, however, while supporting the adoption rights made a scathing remark on the Central Adoption Resource Authority's regulation 5(3), terming it as violative of Article 15 of the Constitution of India.
Chief Justice of India DY Chandrachud stated that the Juvenile Justice (Care and Protection of Children) Act, 2015 doesn't prohibit unmarried couples from adopting. The Union of India failed to demonstrate that preventing unmarried couples from adopting serves the child's best interests. Therefore, CARA has overstepped its authority by prohibiting unmarried couples.
The Chief Justice observed that the distinction between married and unmarried couples lacks a reasonable connection to CARA's objective of prioritizing the child's best interests. CJI also said that material benefits/ services given to heterosexual couples & denied to queer couples will be a violation of their fundamental rights.
"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 the discrimination against queer community," CJI noted during the hearing.
"Unmarried couples, including queer couples, can jointly adopt a child," he added.
The Supreme Court of India is set to announce its decision on petitions seeking legal approval for same-sex marriage. Chief Justice DY Chandrachud and a five-judge constitution bench, including Sanjay Kishan Kaul, Ravindra Bhat, Hima Kohli, and PS Narishma, reserved the verdict on May 11 after a 10-day hearing.
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The central government opposes same-sex marriage, dismissing it as an urban elite concept and arguing that Parliament should address it. Globally, 23 countries legalized same-sex marriage through nationwide voting, while 10 countries did so through court decisions.