Paper Title
Adoption By Same Sex Couples: Still A Taboo?
Article Identifiers
Authors
Aparna Hyanki
Keywords
Adoption, Hindu Adoption and Maintenance Act, Hindu Marriage Act 1955, inter-country adoption, Juvenile Justice (Care and Protection) Act, LGBTQ+, same-sex marriage.
Abstract
India claims to be Secular, Socialist, Democratic, and a Republic where every citizen is equal in terms of sexual orientation or gender, etc. The right of every citizen of India is to live with dignity and the right to privacy, including the right to make their own choices of intimacy and manner in which they want to live their life, is protected as per the constitution laws. If same-sex couples do choose to adopt, they face challenges related to societal bias, lack of legal recognition, and limited support systems. Section 377 is violation of the Article 14 of the Indian constitution being wholly arbitrary, vague, and unlawful. Section 377, being decriminalized, also applies to the adoption laws, which are discriminatory for same-sex couples. The adoption laws are discriminatory as it does not meet the classification test of Article 14 of the constitution because the laws for adoption specifically mention capacity only for married couples, and single-married couples can adopt, so why not unmarried or same-sex couples? Over the past two decades, we see that the world is moving at an oblivion speed, with various global trends, observing a slow change in the legal status of same-sex marriages. Legal status of same-sex couples have been different in India and various other foreign countries. This paper compares laws under the Hindu Adoption and Maintenance Act, 1956, the Juvenile Justice Act, 2015 and Adoption Regulations with laws and mindsets of people accepting same-sex adoption in foreign countries. Over the years, there has been a growing awareness and acceptance of LGBTQ+ rights in India, particularly among the younger generation. This could potentially lead to more positive attitudes towards same-sex adoption in the future.
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How To Cite (APA)
Aparna Hyanki (April-2024). Adoption By Same Sex Couples: Still A Taboo? . INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT, 9(4), b722-b732. https://ijnrd.org/papers/IJNRD2404190.pdf
Issue
Volume 9 Issue 4, April-2024
Pages : b722-b732
Other Publication Details
Paper Reg. ID: IJNRD_217768
Published Paper Id: IJNRD2404190
Downloads: 000121983
Research Area: Other
Country: Ghaziabad, Uttar Pradesh, India
Published Paper PDF: https://ijnrd.org/papers/IJNRD2404190.pdf
Published Paper URL: https://ijnrd.org/viewpaperforall?paper=IJNRD2404190
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