'No right for queer couples to jointly adopt’: SC in same-sex marriage verdict

The CJI said the law didn't preclude unmarried couples from adopting.

Chief Justice of India DY Chandrachud, while announcing his verdict on a clutch of petitions demanding legal status to same-sex marriages, today struck down the Central Adoption Resource Authority's (CARA) regulation that restricted queer and unmarried couples from adopting children. The five-judge bench, however, in a 3:2 verdict, ruled that non-heterosexual couples cannot be granted the right to jointly adopt a child.

The five-judge Constitution bench comprising Chief Justice DY Chandrachud and Justices SK Kaul, SR Bhat, Hima Kohli and PS Narasimha. (PTI)

CJI Chandrachud said it couldn't be assumed only "heterosexual married couples can be good parents".

CARA is a statutory body affiliated to the Ministry of Women and Child Development. It is the nodal body for adoption of Indian children. It regulates and monitors all adoptions taking place in India, including inter-country adoptions.

The CJI said the law didn't preclude unmarried couples from adopting, and that the Union of India hadn't proven restricting unmarried couples from adopting was in the best interest of children. "CARA has exceeded its authority in barring unmarried couples," he said.

"Differentia between married couples and unmarried couples has no reasonable nexus with the objective of CARA - the best interests of the child," CJI Chandrachud said.

He said the CARA circular (which excludes queer couples from adoption) is violative of Article 15 of the Constitution, reported Live Law.

The Supreme Court on Tuesday declined to grant legal recognition to same-sax marriages, holding that it is only for Parliament and state legislatures to create such institutions and grant them legal validation.

The Constitution bench -- comprising CJI Dhananjaya Y Chandrachud and justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha -- were unanimous in their judgement that it was beyond the remit of courts to issue a positive direction to the legislature to accord legal recognition to same-sex marriages.

The court refused to change the meaning of the Special Marriage Act. However, it declared queer couples have the right to cohabit without any threat of violence, coercion or interference.

Three of the five judges ruled there can't be a right to form civil unions. By the same majority, the court also held that non-heterosexual couples cannot be granted the right to jointly adopt a child.