National Desk, 17th October: The Supreme Court has made a significant ruling, striking down a Central Adoption Resource Authority (CARA) regulation that previously restricted queer and unmarried couples from adopting children. The Chief Justice of India, Chandrachud, declared that the differentiation between married and unmarried couples did not serve the objective of CARA.
In his verdict, the CJI mentioned that there is no evidence to support the idea that only married heterosexual couples can provide stability to a child. Regulation 5(3) of CARA, which excluded queer couples from adoption, was found to be in violation of Article 15 of the Constitution.
Furthermore, the Chief Justice emphasized that people should have the freedom to choose their partners and highlighted that queerness is a natural phenomenon. He suggested that the government should establish a committee on marriage rights and present a bouquet of gay rights to the LGBTQ community. The CJI underlined that queer unions should not face discrimination and observed that gender and sexuality should not be confused.
The verdict also included directions to both the Central and state governments to end discrimination against the LGBTQIA+ community:
1. Prevent discrimination against the queer community.
2. Ensure there is no discrimination in access to goods and services.
3. Raise public awareness of queer rights.
4. Establish a hotline for the queer community.
5. Create safe houses for queer couples.
6. Ensure intersex children are not subjected to forced operations or hormonal therapy.
This ruling marks a significant step toward greater equality and acceptance for the LGBTQIA+ community in India.