Supreme Court of India
In a landmark judgement, the Apex Court of the nation ruled that Same Sex couples living in India can not adopt children. This judgement was passed in the ratio 3 : 2. With Judges P.S. Narasimha, Hima Kohli, and Ravindra Bhat voted in favour of the judgement where as Chief Justice DY Chandrachud and Justice Sanjay Kishan Kaul voted against the judgement.
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The judges also stated that this ruling can’t be implied as a fact that heterosexual couples are the better couples and they can be good parents. In this judgement the Chief Justice of India (CJI) expressed his unhappiness saying ” This violate the constitution for discriminating against queer couples.” He declared that it is “violation of Article 15 of the Constitution” for the Central Adoption Resource Authority’s (CARA) circular to deny adoption rights to homosexual couples..
The CJI continued to add that there isn’t any record to prove that married heterosexual couples only can provide stability to a child. Justice Kaul concurred with the Chief Justice’s remarks.
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On the contrary, Justice Bhat stated that while he accepts that single LGBT couples can be just as successful parents as married heterosexual couples, there are some issues that need to be addressed.
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