Same Sex Marriage: According to Live Law, petitioners argued their rebuttal submissions on the rights of LGBT couples to adopt and raise children on the last day of hearing of marriage equality petitions before the Supreme Court. In support of the Delhi Commission for Protection of Child Rights (DCPCR), senior advocate Dr. Menaka Guruswamy presented a number of studies as well as rulings from other constitutional courts, including those in South Africa and Brazil, regarding the effects of adoption and parenting by queer couples. She highlighted a claim made by the Indian Psychiatric Society that there is no proof queer couples are unable to raise children.
Lack of Protection Can Have Negative Effects
She added that three elements stayed the same across all studies. The adoption of children by gay couples has no negative effects on the kids; but, the kids’ lack of protection could have negative effects. Since human sexuality develops relatively early, those who identify as LGBTQIA+ would also suffer from a lack of protection against stigma. In the future, she said, “I would hope that the state would locate its findings, its opinions after talking to community members and relying on studies that exist since last three decades.”
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Supreme Court Reserves Judgement on Same-Sex Marriage Petitions
It should be mentioned that the Supreme Court on Thursday reserved judgement on a group of petitions seeking the legal recognition of same-sex marriage after a 10-day hearing. A five-judge constitutional court panel led by Chief Justice D.Y. Chandrachud stated that it was impossible to predict how the Parliament would react to the case in advance. The comment was made after one of the petitioners’ solicitors pointed to the judgements and claimed that once the supreme court declared it appropriate to adopt a law punishing it, it would require “fairly easy legislative consensus.”
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