PUNE: While the Supreme Court has legalised the homosexuality, same sex marriages are yet to be legalised. Moreover, adoption too remains a non-permissible account for same sex couples in India. Sakal Times spoke to legal experts about what will be other issues that need to be tackled after this historic verdict.
“Till now, as homosexuality was criminalised, any course you wished to pursue like marriage or adoption becomes illegal and criminalised. But now when consensual sex between LGBTQI community and homosexuality has been given legal status, they should get social acceptance in way of marriage and followed by permitting adoption for such couples,” said lawyer Vijayalakshmi Khopade.
“There are very rare cases of same sex couples adopting children, therefore, stating that it will prove to be negative is wrong. Definitely, a study should be carried out regarding sociology, psychology and legal aspects of adoption in these cases. There are many single parents whose children have grown up to be fine citizens. Apart from this, there should be statutory provisions to define adoption for the child who is being adopted by such couples in terms of succession, property etc,” said Khopade.
“It is a historic judgement protecting equality and right to privacy. Constitutional morality is the only morality which prevails. This judegment ensures dignity to members of LGBTQI and protect the interest of minority in sex orientation,” said Principal of Bharati Vidyapeeth’s Law College, Mukund Sarda.“Adoption is no offence, so why to bother with LGBT members right to adopt? Privacy in sexual orientation is a fundamental right as well as right to have choice of love,” he said.
Activists have also pointed that it needs to studied if adoption by same sex couple prove healthy for the child.
“Before pronouncing any verdict or making laws of adoption for gay couples, the decisions makers should study existing cases of same sex couples who have adopted children. It needs to be checked whether they have a healthy lifestyle or not because it may affect their psychology negatively. This will also surge the demand of children to be adopted,” said child rights activist Anjali Pawar.
WHAT THE LAWYERS SAY
- The community should get social acceptance in way of marriage and followed by permitting adoption for such couples,” said lawyer Vijayalakshmi Khopade.
- Activists have also pointed that it needs to studied if adoption by same sex couple prove healthy for the child.