NCPCR informs SC allowing adoption to same sex couple is akin to "endangering" children

New Delhi: The National Commission for Protection of Child Rights (NCPCR) has moved an intervening application in the Supreme Court on the various petitions relating to marriage equality and said that allowing the adoption to same-sex couples is akin to endangering children and could impact kids understanding of gender roles and gender identity.
NCPCR has urged the top court to allow it to intervene and assist the court while hearing various petitions related to marriage equality. NCPCR, in its application, urged the top court that first a proper legislative system needs to be adopted regarding same-sex couples and then bringing children into the equation would be beneficial for both children as well as members of the same-sex couple.
NCPRC apprehended that allowing the adoption of a same-sex couple is akin to endangering the children. Moreover, in the current batch of matters before the Court where first the validity of same-sex marriage needs to be considered, to bring up children and their adoption by same-sex couples is pre-mature, NCPCR submitted.
NCPCR further submitted that giving children to be raised by persons, who have issues would be like exposing children to struggle just for experimentation and the same is not in the interest of children as every individual has the same human rights and it applies to children for being raised safely. "It is most respectfully submitted that children may be saved by this Court from being subjected to experimentation or being treated as "subject", NCPCR said.
The National Commission for Protection of Child Rights submitted that children raised by same-sex parents may have limited exposure to traditional gender role models, which could impact their understanding of gender roles and gender identity. The exposure of these children would be limited and their overall personality growth would be affected, NCPCR said.
NCPCR submitted that the top Court has settled the principle that the right to equality doesn't mean equating unequal and therefore making a category is not against the provision of Art 14 of the Constitution. Couples being two different genders are one category whereas couples having the same gender can be considered as a different category for the purpose of having children and it is the humble submission of NCPCR that the same is well within the contours of the principles laid down by this Court regarding the right to equality.
NCPCR also expressed the apprehension that due to the outcome of this petition would have repercussions on Section 57 of the JJ Act, which covers the eligibility of Prospective Adoptive Parents (PAPs).
The apex child rights body submitted that while making an adoption, the health, safety and education of the child are of paramount importance. When it comes to the adoption by a couple of same-sex there are relevant studies to show that the child is affected in both social and psychological aspects, the child rights body said.
National Commission for Protection of Child Rights said that, being the statutory body having a duty to ensure the welfare of children and for the protection of children's rights humbly submit and pray to assist this in ongoing petitions.
NCPCR said that the issue of children in adoption is foreseeable as an outcome of issues pending consideration before the top Court and therefore, NCPCR, in the Interest of the Children humbly submits that adoption occurs in a similar socio-cultural environment, which is not possible in the present scenario and therefore the same is against the provisions of Juvenile Justice Act and rules made therein and also against other Indian laws and also recognised in various international treaties.
The child rights body also apprised the top court that there is no mention in UNCRC
that a child can be adopted by a same-sex couple. The commission also said that even the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (or Hague Adoption Convention), an international convention dealing with International adoption, does not talk about the adoption by same-sex couples and hence the NCPCR submitted therefore, it can be inferred that it does not recognise any such adoption.
The affidavit also mentioned a study conducted by Dr Paul Sullins of the Catholic University of America which concluded that emotional problems were over twice as prevalent for children with same-sex parents.
The top court dealing with various petitions sought recognition for same-sex marriages under statutory provisions of various enactments such as the Special Marriage Act, the Foreign Marriage Act, the Hindu Marriage Act, and others.
The matter will be heard by a five-judge constitution bench of the Supreme Court on April 18. (ANI)