An intervention plea has been filed by the Delhi Commission for Protection of Child Rights (DCPCR) in the pleas that seek legal recognition of same-sex marriage in India.
The above mentioned pleas are listed for April 18, 2023 before a Constitution bench of the Supreme Court.
The Application contends that the officials of DCPCR have a total of 15 years of collective experience in dealing with issues that pertain child rights.
The applications talks in details about how DCPCR being a statutory body under the Commission for Protection of Child Rights Act, 2005- will be able to assist the Supreme Court on the same-sex marriages impact on children.
The application supports same-sex marriages and right to adoption,that can be given to such couples.
Talking about the psychological impact upon children being brought up in same-sex households, the application brings forth the submission that if taken from the psychological point of view being homo sexual parents can be as good as the heterosexual parents.
It added that the same-sex couples do not have any advantage or disadvantage with respect to being good or poor at parenting when compared to heterosexual parents.
The application also highlights about 50 countries which allow same-sex couples to legally adopt children.
Talking about the gendered language that is used in legislations won’t bar rights of same-sex couples, the application states that. It also highlights that due to the patriarchal set up of our society, Indian Legislature has enacted many safeguards to tackle certain social vices which are disadvantageous to women.
It also argues that a gender neutral approach may be required for issues such as domestic violence, maintenance, and custody.
The application talks about how children in the same sex marriage would grow up in a non-discriminatory environment in general.
It contends that in a socio-legal environment where individuals having homosexual orientations do not enjoy basic legal rights at par with their heterosexual counterparts, adolescents who develop homosexual orientations may develop adverse psychological complexes and low self-esteem and suffer from other mental health issues.
The application says that till the time, the equal rights are not accorded to homosexuals, their acceptance, assimilation and legitimacy will remain under troubled waters.
The application also provides with jurisprudence of other constitutional courts and finally provides with possible guidelines that the Court may consider issuing.
DCPCR has recommended some guidelines in this regard like
a. Asking for directions to be sent to the central and state government for taking steps to create public awareness that same-sex family units are as “normal” as heterosexual family units,and are not “incomplete” in any way.
b. Asking for directions,to school boards and educational institutions for normalising the classroom by discussing on contexts where issues touching upon same-sex family units are brought up.
c. Directions for National and State Council for Education Research and Training for checking homophobic content in school textbooks.
d. Directing relevant authorities for creating dedicated helplines for children who have been facing stigma or bullying by virtue of belonging to a same-sex family unit,
e. Directions to the relevant authorities to set aside resources and create infrastructure for counselling and psychological assistance to children suffering from bullying or victimization on account of belonging to same-sex family units.
A counter-affidavit has been filed by the Central Government opposing judicial intervention to grant legal recognition for same-sex marriages.