A Step Towards Equality: Adoption And Parenting Rights For LGBTQ+ Individuals In India

Saumya Anand, Presidency University

ABSTRACT

The people belonging to LGBTQ+ community are a part of minority group in India. The homosexual couples as well as the Queer, Transgenders have been treated differently from the time immemorial. They face discrimination on the grounds of their sexual orientation, the peopled from LGBTQ community are denied of their civil and social rights and basic human rights. Various Supreme Court judgements like Navtej Singh Johar case and National Legal Service Authority v Union of India1 recognised their rights and identity but still a huge milestone needs to be covered. There is no legal acceptance of same-sex marriage in India which creates a problem for the homosexual couples to adopt a child. Also the present Adoption laws in India only allow the heterosexual couples and ‘single’ individuals, there is no explicit law for the homosexual couples. Equal Adoption rights needs to be guaranteed to the homosexual couples also, as denying them of their ‘right to adopt’ is in strict violation of their fundamental rights. The Indian Judiciary needs to acknowledge the rights of the LQBTQ community, surpassing the conservative religious beliefs and social stigma.

Keywords: homosexuality, LGBTQ+, civil rights, minority