The Delhi Commission for Protection of Child Rights (DCPCR) has moved the Supreme Court supporting legalisation of same-sex marriages and conferring adoption and succession rights on the same-sex couples. The DCPCR filed an intervention plea in the case on April 3, which was shifted to a Constitution Bench.
Meanwhile many Christian, Islam and Jain bodies filed petitions objecting the demand for legalisation of the same-sex marriage.
The DCPCR’s application underscored that adolescent homosexuals without requisite legal rights at par with heterosexual counterparts can lead to adverse psychological complexes, low self-esteem and other mental health issues.
“Unless equal rights are accorded to homosexual (persons), their acceptance, assimilation and legitimacy will remain under troubled waters. This again is bound to have its bearing upon adolescents,” the application said.
Supporting the adoption and succession rights for same-sex couples, the DCPCR argued that the existing legal framework can be interpreted in a manner so as to accommodate such rights of same-sex couples.
Further, non-recognition of same-sex marriages can have repercussions on children of homosexual persons, said the petition.
“The said person shall be the only de jure parent and guardian of his or her child. While the child may actually be under joint custody and maintenance of two persons consisting of a homosexual couple performing equal duties, only one of the persons would have de jure authority and rights. This could have psychological and emotional consequences not only for the affected de facto guardian but also for the child who may be left with reduced choice in case of a rift or separation between his de facto guardians,” the application said.
Legalisation of same-sex marriages is no cause for concern when it comes to adoption and succession rights, said the DCPCR. “It is respectfully submitted that when it comes to questions of adoption and succession, and the rights of children under the existing legal framework, the legalisation of same-sex marriage is no cause for concern; existing legislative language can accommodate same sex marriages, and ensure that the same rights that accrue to children in the context of heterosexual marriages, also accrue in the context of same-sex marriages,” the application said.
Previous week, many minority religious groups have written to Chief Justice of India DY Chandrachud to cite their religious beliefs to express opposition to same-sex marriage. Sayed Salman Chishty of the Chishty Foundation, Ajmer, has conveyed his “concerns and reservations” to CJI, claiming that any legal validation for same-sex marriage will contradict India’s religious, social and moral values, and cause “havoc” with the delicate balance of personal laws and accepted societal values.
The Communion of Churches in India, has echoed similar views in a letter to President Droupadi Murmu and the CJI. Prakash P Thomas of the Communion of Churches in India expressed “shock” at such a plea. According to Christian beliefs, marriage is a divine institution made by God and cannot accept the union of two homosexuals as marriage, he claimed, urging the President to ensure the status quo on marriage.
Jain guru Acharya Lokesh said legal sanction to same-sex marriage will go against the ethos of India’s ancient values-based society. In Indian culture, especially among Jains, marriage is a foundation to reproduction for extending the family tree, he said. Pravez Hanif of a Pasmanda (backward) Muslim group echoed the view of these groups.
