ABSTRACT
Adoption is a legal process where a child who is abandoned by his own parents is legally adopted and raised for a happy and healthy life. Children are considered as a source of development and for a bright and rising future. Adoption is a process which is used to complete a family. A family where male and female are incomplete without a child and a child is alone without his/her parents. We are living in a 21st century but still on specific topics our mind flew back to being an orthodox. When we think of a family, a picture of happy male and female with their child comes in our mind but what about people or a society where feelings are not bounded within a particular gender.
- What about the parents where two females want to become a role mother and father of their child?
- What about a couple where one male wants to be called as a father and one male is too sensitive and caring that he gives a motherly vibe?
In India, adoption is only legally accepted by the law when two opposite gender adopts a child. For a few minutes, this paper will somehow force you to rethink about the laws that are implementing in India. This paper contains a deep view of discrimination for a particular part of a society who falls in love within same sex and now wants to not only be a couple but to be referred as parents. In India , parents are leveled same as a God. We used to say that “ For God it is not possible to present everywhere that’s why he created a figure identical to himself that is stated as Mother”. Child can feel the love , care and protection of a mother. Mother is a word that is made up of feelings and is not differentiated on the basis of gender. We should treat same – sex couples equally as ours . Section 377 of Indian Penal Code (IPC) that criminalizes the same -sex marriage and adoption law of same-sex couple consider the fact that they are also humans , just because their choice and feelings are not restricted by old time rules that doesn’t count to humiliate, hurt and snatch their rights from them. The matter of fact is that child needs a shadow under which he/she will grow and that can be off anyone.
Adoption is a step for same -sex couple to became legally and socially acceptable in the society. Children is a kind of happy distraction from the stressful day. Same-sex couple have their own rights to stand out from the crowd to voice out their concerns. According to current laws, single LGBTQ Indians are not secured or closed by adoption. Still after many events, there are plenty of pending cases in court. The euphoric feeling of having own child whether it’s biological or adopted is the right of every being and no society can put that away just because the difference in the choice to fell for.
KEYWORDS
LGBTQ, adoption, same-sex couple, adoption law , discrimination, parenthood.
INTRODUCTION
There is a famous saying by Pope Francis:- “ Homosexual people have a right to be in a family. They are children of a God and have a right to in a family. Nobody should be thrown out or be made miserable over it.” Same -sex couples are recognized as lesbian( woman and woman) and gay (man and man) . They are people who are attracted towards same gender. Society considered them different from themselves. They treat them like a trash . They are ashamed to openly discuss on these topics. Their actions and eyes speaks louder than their words. Society treats homosexual community as an untouchable. They think this as a kind of disease or an illusion. For sometimes, society might believe in ghost but they will not believe and consider in homosexual concerns. Homosexual people are restrained from their voting rights. They don’t feel comfortable to walk hand -in- hand in public. Sometimes, they are not recognized as a responsible citizens by the society. These harsh treatments is getting worsen day-by-day. Just because our prior generation is not open -minded and fully aware , today’s generation are not fully aware of their true interests. Due to all this, many teenagers are confused about their own feelings. Teenagers are not even feeling comfortable to share it with anyone just because the fear of judgmental society. The worse is that sometimes their parents are aware of their child liking but still they force them to marry opposite gender just to maintain dignity and fame in the society. The tussle with the old cruel law of section 377 IPC which prohibit any kind of intercourse between same-sex couples which is violative of their fundamental rights is still not over as in the landmark judgment of the supreme court in Navtej Singh Johor v Union[1] of India declared it unconstitutional but did not consider and heed on the civil rights of same-sex couples who want to live family life by adopting children. Same-sex couples are prohibited in many areas of our country. In earlier time, the scope of homosexuality was not present. Even there was not a single footprint of homosexuality. Same-sex couples are not legally sanctioned in Indian law. Their marriage is not legally authorized. They are not legally capable to adopt a child. Recently BJP government at centre expressed it view point to giving legal sanctions to same-sex couple in supreme court, saying that the legislative understanding of Indian marriage statutory and personal law regime recognized a marriage between a genetic mother and a genetic father. The Indian psychiatric said “ In 2018, the Indian psychiatric society supported the decriminalization same-sex spectrum of section 377 of Indian Penal Code as well had stated that these are variants of normal sexuality, not deviant and certainly not an illness “.[2] . In India, adoption rights for same-sex couple is very diminishing. Society thinks that parents of same gender will not be able to raise their child properly. There are still many schools that denies to take admission of a child if their parents are homosexual. Many Bollywood movies are created to spread awareness and knowledge about these communities .
One example of Bollywood movie was “Adhura” in which late actor Irfan Khan was casted . It was the first hindi gay film which was going to released on 1995 but at that time the idea of homosexuality was considered as a curse and people start protesting against the film so at last censor board had to banned the film. 1995 was very earlier for people to accept this community by heart. At that time , society was unaware about this facts. Fortunately as time passes by , people are becoming more open about homosexuality. Many actor and actresses are promoting same-sex couple to come forward and March for their rights. Many events are held to promote this communities. January 15, 2023 celebrated as Seattle Pride day . On this beautiful day, people of this community all around the world show their presence to world. They come up with their own new motto and quotes to inspire the teenage who are still doubting their own existence in this cruel world. The feelings towards same sex is very natural. Even in ancient times, there are still some proofs of the survivals of Homosexual people. There are many more evidence of Homosexual sculptures which shows the significance of homosexuality in earlier Indian traces. In today’s era, now courts are also somehow accepting the same-sex couple in some ways but still the society are not accepting them. Society is criticizing their existence and due to all this accusions ,teenagers are committing suicides. In some places, parents are themselves killing their child dreadfully just for the sake of their reputations. In rural areas, being a homosexual is considered a curse on a whole family. They forced to live at the outskirts of the villages. They are deprived of water , food and shelter. Just to avoid this scenarios, many people never accept themselves being gay .
There are many cases where husband/wife realizes their true identity after marriage. In earlier times, people often use black magic to cut off this feelings. All this gives us a sign that it is very tough for same-sex couples to love happily in these world. At every stage of life, they are pushed backwards. Now also in many workplaces male/female gets sexually harass for being homosexual. Society takes them as a joke and never rethinks about the obstacles gone through by them. Many times homosexual people thinks that they don’t deserve happiness and the current Indian law about same-sex couple adoption rights prove them correct. In many places we witnessed that the higher section of society holds a power . If someone from them turns out to be homosexual than that is considered as normal. People might say that we should respect everyone’s choice but when same thing happens with middle and lower section of society then don’t know how but it became a curse for the entire family. Some part of society takes it as a disease as Dr. Benjamin Rush , elaborate that the skin colour of black is black due to the disease name endemic leprosy disease and of somehow they concurred this disease then they will be just similar to white people .[3] . So, same applies to same-sex couples also. Some thinks that of they will be treated properly than maybe this disease will be vanished.
Irony of the society is that how can they compare homosexuality to an adoption process. If two people are eligible to adopt a child then why on the basis of their gender they were getting judged. A child needs a parenthood regardless of their gender. Two male can also take a good care of a child. In modern time, males are also helping in household chores . If they are capable of doing it than why we consider them low at the time of raising a child. We as a society want equal rights and position between men and women but on our own comfort zone. Same applies to women. Females are capable of doing every work at a perfection. Two females were fully capable to adopt a child and make him/her a better person. Maybe adoption is one of the factor to degrade homosexuality more. Society makes same-sex couple to feel hurt. As per current scenario, having an adopted child of same-sex couple is a kind of utopia for them. Adoption also help to decrease the number of child labour, child assault, suicide at a very young age etc. There are orphans for small children where they are treated nicely but there are also places where they are treated as a sack of waste. So, by adopting them it will help them to escape from that cruelty of the world. “There is no law which accommodates either same-sex marriage, adoption or live- in relationships for the purpose of adoption”. Therefore, a same -sex couple can apply to Central adoption review authority (CARA) for adoption as a single parent only.[4]
RESEARCH METHODOLOGY
This research paper analysis the deep and descriptive information about the current adoption law for same-sex couple in India. It shows the cruelty and hardship that are faced by them on daily basis. This research paper given an wide view of the current status. The information contains view point of people that holds higher power in governing society. Secondary sources of information like :- e-library , journals, magazines, newspapers and websites are used to make it more informative.
REVIEW OF LITERATURE
As said by many famous people that adoption is a right of every individual. No one can be criminalized on the basis of sexuality. Indian law should needs to update itself before it will be too late to keep calm a particular society who is the worst sufferers. Adoption will help to create a bright ray of light for children leaving on the street road , eating unhealthy foods, not getting a proper clothes to wear, child assault, child begger. The decriminalization of the draconian section 377 in 2018 was widely celebrated and perceived as a ray of hope for uplifting the condition of these communities in Indian society.[5] But even after those years there is still not a proper clarification on these matters. Courts are implementing and making it easier for same-sex couple in some extent but still it doesn’t making that kind of relief for them . There is still the violation of rights in many aspects for the homosexual people but anyways there are still some slight changes towards this problem. So, maybe in upcoming years we can see a noticeable change in the perspective of society towards same-sex couples.
METHOD
As a modern society, we should atleast give a chance to homosexual people to prove themselves that they can be a good parents. For a house having two females is not that bad. One who wants to work so that she can fulfill every little wish of her child and one who likes to stay at home to take care of child and for her partner. For being a role model father it’s not necessary to be a male, you can be a female whose child see her as a father figure whom her child can seek for shelter at the time of difficulties. There are many women who are running the household chores and the budget by herself.
Every alternate day we came to know about a new protest where women shouts for equal rights and opportunities just like her life partner . In today’s enormous changing era, men are also interested to be guided so that he can do household works easily. It’s just a myth that males don’t have feelings, they do have feelings it’s just that they are not comfortable in showing it more often. So, having two male in which one plays a role of father and other plays a very crucial role of a mother is going to be amazing. We must give chance to same-sex couples so that they can feel how great is to be called as parents.
CONCLUSION
Feelings are not bound within a specific gender . Homosexual is not a curse. Feeling of a parenthood is right of every individual. Society judges people on every aspects. Slowly we are upgrading ourselves with the modern technology. AI technology are also establishing their foot in the markets. Then why on the ground of sexuality people are being degraded. Government releases many rules and schemes to avoid the grievances but that doesn’t bring change in the perspective of an orthodox society.
There is also a remarkable case of LK Pandey vs UOI in 1984 where court stated that the procedure of adoption totally focuses on a child welfare and it should not be used to grant or earn the wishes of the adoptive parents. The adoption procedure is governed by the Juvenile justice act in 2015 ( protection and care of children ) which clearly says that couples that are married man and woman who have been living together with each other for the last two years. Fortunately , supreme court of India realizes the rights of same-sex couple and acquire them with equal protection act.
Even after so many attempts for the better recovery still same-sex couples are not legally , socially identified as couples. Society have to make a great change towards this or else every steps will lead to a disappointment. Just by allowing sexual acts between same-sex couple will not put them in an equal status as heterosexual people, stuffs like homosexual marriage, homosexual adoption rights these will bring a positive turn to the view point of upcoming generation.
So , it is clearly seen that the battle for regaining the rights of Homosexual people is still not over. We still have pending dues to cover up and glow as bright as we can.
ANSHITA KANT
LLOYD LAW COLLEGE
[1] Navtej Singh Johar vs. Union of India (2018) SSC 10.1
[2] Indian psychiatric society bats for same-sex marriage, adoption rights ahead of SC hearing
https://www-republicworld-com.cdn.ampproject.org/v/s/www.republicworld.com/amp/india-news/law-and-order/indian-psychiatric-society-bats-for-same-sex-marriage-adoption-rights-ahead-of-sc-hearing-articleshow.html?amp_gsa=1&_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=From%20%251%24s&aoh=16812187569130&referrer=https%3A%2F%2Fwww.google.com&share=https%3A%2F%2Fwww.republicworld.com%2Findia-news%2Flaw-and-order%2Findian-psychiatric-society-bats-for-same-sex-marriage-adoption-rights-ahead-of-sc-hearing-articleshow.html
[3] Robert F. Worth, ‘The Billionaire Yogi Behind Modi’s Rise’ 26 July 2018.
<https://www.nytimes.com/2018/07/26/magazine/the-billionaire-yogi-behind-modis-rise.html?auth=link –
dismiss-google1tap>accessed on 19th November, 2109.
[4] https://m-economictimes-com.cdn.ampproject.org/v/s/m.economictimes.com/news/india/parliament-panel-recommendation-on-adoption-raises-bigger-question-of-recognising-same-sex-union-experts/amp_articleshow/93455670.cms?amp_gsa=1&_js_v=a9&usqp=mq331AQIUAKwASCAAgM%3D#amp_tf=From%20%251%24s&aoh=16812274139747&referrer=https%3A%2F%2Fwww.google.com&share=https%3A%2F%2Fm.economictimes.com%2Fnews%2Findia%2Fparliament-panel-recommendation-on-adoption-raises-bigger-question-of-recognising-same-sex-union-experts%2Farticleshow%2F93455670.cms
[5] Adoption by same-sex couples in India – A right long overdue