Proper legislative system needs to be adopted: NCPCR

Source: The post is based on the article “Proper legislative system needs to be adopted: NCPCR” published in The Hindu on 18th April 2023

What is the News?

The National Commission for Protection of Child Rights (NCPCR) has moved the Supreme Court opposing granting of adoption rights to same-sex couples.

Why did NCPCR oppose granting of adoption rights to same-sex couples?

NCPCR has opposed the adoption of children by same-sex couples on the following grounds:

Firstly, children of same-gender parents may have limited exposure to traditional gender role models; as a result, their overall personality development may be impacted.

Secondly, the social and psychological effects of adoption by same-sex parents have been demonstrated in studies.

– According to a study conducted by Dr. Paul Sullins of the Catholic University of America, emotional and developmental problems are twice as prevalent in children with same-sex parents compared to those with opposite-sex parents.

Thirdly, the Supreme Court has settled the principle that the right to equality doesn’t mean equating unequally and therefore making a category is not against the provision of Article 14 of the Constitution.

– Couples being two different genders is one category whereas couples having the same gender can be considered as a different category for the purpose of having children.

Fourthly, even the UN Convention on Right of the Child, which is the most widely ratified human rights treaty in the world since coming into force in September 1990 and having been ratified by 195 countries, does not mention that a child can be adopted by a same-sex couple.

Fifthly, as per the Juvenile Justice Act, a single male is not eligible to adopt a girl child and going by that criteria allowing a gay couple to adopt a female child would be against the scheme of the Act.