The Delhi Commission for the Protection of Child Rights (DCPCR) has not only requested the legalisation of same-sex marriages but also advocated for the adoption and succession rights of same-sex couples.
The child rights organisation has submitted an intervention application to the Supreme Court on April 3, expressing support for a set of petitions already filed by different gay couples, seeking legalisation of same-sex marriages. The DCPCR has applied for intervention to present its arguments on the issue through an application submitted by advocate Abhishek Manchanda.
The DCPCR emphasised that adolescent homosexuals who do not have the same legal rights as their heterosexual counterparts can develop negative psychological complexes, low self-esteem, and other mental health issues.
As a result, the application specifically argued for same-sex couples’ adoption and succession rights, claiming that the existing legal framework can be interpreted to accommodate such rights. Furthermore, it was stated that non-recognition of same-sex marriages can have consequences for children of homosexual people.
It was emphasised that by denying homosexual marriages legal status, the State would be denying the child the legal security of dual parenthood and guardianship. The child would thus be deprived of a legally recognised family, with ramifications for intestate succession, it was stated.
Furthermore, such recognition would not erode protections in gender-specific laws, according to the explanation. “It is not as though the entire artifice of gender-specific laws would crumble by the recognition of non-binary gender identities and their inclusion into the folds of marriage and family laws.”
The DCPCR has stressed that legalising same-sex marriages should not be a cause for concern when it comes to adoption and succession rights. They argued that legislation should keep up with social changes.
The DCPCR has recommended that legalising same-sex marriages should not raise concerns about adoption and succession rights. They asserted that legislation should keep up with social changes. Consequently, the application submitted to the Supreme Court requested that the following orders be issued:
- The federal and state governments should take measures to promote public awareness that same-sex family units are “normal,” and children from such families are not in any way “incomplete.”
- School boards and educational institutions should proactively promote such normalisation, particularly in classroom settings when issues involving same-sex family units are raised.
- Education boards should review and eliminate homophobic content from school textbooks, and revise or reimagine passages, caricatures, diagrams, and family references to include more diverse understandings.
- Dedicated helplines, resources for psychological support, and infrastructure for children of same-sex couples who face stigma or bullying should be established.
