The Delhi Commission for the Protection of Child Rights (DCPCR) submitted an intervention application on April 3, Wednesday, requesting the legal recognition of same-sex marriage in India. On April 18, 2023, these pleas are scheduled to be heard by a Supreme Court Constitution bench.
The child rights body extended its support to the set of pleas already made before the top court by several same-sex couples seeking the legalisation of these marriages. The DCPCR application was submitted through Advocate Abhishek Manchanda.
In their application, the DCPCR stressed that adolescents who identify as homosexual may have negative psychological complexes, low self-esteem, and other mental health problems if they do not have the same legal protections as their heterosexual counterparts.
“Unless equal rights are accorded to homosexual (persons), their acceptance, assimilation and legitimacy will remain under troubled waters. This again is bound to have its bearing upon adolescents,” the application stated.
DCPCR said that “studies on same-sex marriages demonstrate that same-sex couples can be good parents or not, same as heterosexuals can be good parents or not.”
The application further outlines that many countries have legalised same-sex marriages and over 50 countries have provisions allowing same-sex couples to adopt children legally.
Furthermore, the application stressed that non-recognition of same-sex marriages can have adverse effects on the children of homosexual persons.
“The said person shall be the only de jure parent and guardian of his or her child. While the child may actually be under joint custody and maintenance of two persons consisting of a homosexual couple performing equal duties, only one of the persons would have de jure authority and rights. This could have psychological and emotional consequences not only for the affected de facto guardian but also for the child who may be left with a reduced choice in case of a rift or separation between his de facto guardians,” the application asserted.
Guidelines recommended by DCPCR
The application submitted by the Delhi child rights body also mentioned certain guidelines for the court to consider.
- The Central and State governments should take measures to educate the public about the “normalcy” of same-sex families and that children from these families are not in any way “incomplete”.
- School boards and educational institutions take proactive measures to normalise such topics, especially in classroom settings where same-sex family unit issues are brought up.
- Education boards review school textbooks for homophobic material and eliminate it; they also revise or re-envisage passages, caricatures, diagrams, and references to family to incorporate a diversity of understandings.
- Development of dedicated helplines, infrastructure, and resources for psychological support for children of same-sex couples who are subjected to discrimination, stigma or bullying.
Centre on legalisation of same-sex marriages
The Centre has opposed the demand for the recognition of same-sex marriage in the country. On March 12, in its affidavit in the apex court, the Centre opposed the plea seeking legal recognition of same-sex marriage, saying that living together as partners by same-sex individuals, which is decriminalised now, is not comparable with the Indian family unit and they are distinct classes which cannot be treated identically.
Furthermore, a group of former judges also wrote an open letter not to pursue the matter in court. They believe that legalising same-sex marriage would violate Indian culture and tradition. The statement says that vested interest groups are working towards the legalisation of same-sex marriage, and the Supreme Court is considering the matter. The issue has gained momentum recently after being referred to a constitutional bench. 21 retired judges signed the letter.
