Same-Sex Marriage: NCPCR Strongly Opposes Gay Marriage Plea In Supreme Court.
(Judicial Quest News Network)
The National Commission for Child Protection Rights (NCPCR), on Monday filed an application in Supreme Court opposing the same sex marriage petitions, which are scheduled to be heard on 18, April by a constitution bench headed by CJI DY Chandrachud.
The NCPCR stated that adoption of children by same sex couple would affect the child in “social and psychological aspects”.
NCPCR further stated that the outcome of the pleas to have repercussions of the provision of “Prospective adoptive parents” under the juvenile Justice Act.
It is further submitted that allowing adoption to same-sex couple is akin to endangering children, NCPCR in the application filed through Advocates Swarupama Chaturvedi AOR has said.
“The existing legal system concerning children does not envision same-sex couples having custody over adopting children. While making an adoption the health safety and education and education of the child are of paramount importance.
The NCPCR is being the monitoring authority under juvenile Act, 2015, Right to Education Act, 2009 and POCSO Act 2012, is responsible for monitoring the implementation of rights of the children and advises the Government on formulation, amendment and implementation mechanism of any policy, or legislation related to children.
NCPCR has further said it expects the outcome of the pleas to have repercussions on the on the provision of “Prospective Adoptive Parents” under the juvenile Justice Act,
Contending that allowing adoption to same-sex couple is akin to s endangering children.
It is further submitted that the right to equality dosen’t mean equalising unequal.
“Couple being two different genders are one category whereas couple having same gender can be considered as a different category for the purpose of having children and is the humble submission of NCPCR that the same is well within the contours of the principles laid down by this Hon’ble court regarding the right to equality.
The NCPCR has also submitted that International convention dealing with International adoption has been considered crucial because it provides a formal international and intergovernmental recognition of inter country adoption to ensure that adoption by same sex couple and therefore, it can be inferred that it does not recognise any such adoption.
Same sex families will have a severe parental psychological Distress far from explaining children’s increased risk of emotional problems compared to an equivalent exposure in an opposite-sex family.
