ADOPTION AMONG HOMOSEXUAL COUPLES: HOW FAR IT IS RECOGNIZED IN THE CURRENT SCENARIO?
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https://doi.org/10.55662/Abstract
The perspective of human rights is the most contradictory issue around the world that encapsulates human dignity. Everyone is entitled to all kinds of rights and freedoms and equal protection of law without distinction of any kind. However, society has failed to accept LGBT (lesbian, gay, bisexual, and transgender) rights due to which they have suffered from discrimination, social oppression and physical violence. The rights are equally guaranteed under the Indian constitution to the transgender person as the constitution guarantees justice and equality to each and every Indian Citizen. Earlier in 2014, Apex Court ruled that the rights and freedoms of transgender people in India were protected under the Constitution. Also, the court has decriminalized adult consensual same-sex relationships in the Section 377. This judgment is considered as a landmark in empowering LGBT persons. But there is a huge gap in implementing a program for the LGBT community in India that paves the way for discrimination.
In India, people belonging LGBT community face many legal and social difficulties. Adequate legal protections have not been provided for some issues which includes adoption rights as well. According to the current laws, single LGBT Indians are not specifically barred from adopting. But, adoption by same-sex couples is barred. Incapacitating adoption by same-sex couples harms the dignity of the people from the community as it is based on their sexual orientation which does not relate to their capacity or merit as prospective parent. There are personal laws and secular laws in India that guarantees the right of adoption and there are decisions which legitimizing homosexual relations. Nevertheless, none of these laws legitimize the right of homosexual couples to adopt a child. In fact, if there is a commitment to parenthood then successful parenting is achievable as a homosexual or bi-sexual.
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