The CJI DY Chandrachud held that, JJ Act does not preclude unmarried couples from adopting. The Union of India has not proved that precluding unmarried couples from adopting is in the best interest of the child. Thus, CARA has exceeded its authority in barring unmarried couples.
The CJI noted that, differentia between married couples and unmarried couples has no reasonable nexus with the objective of CARA – the best interests of the child.
Thus, CARA Regulation 5(3) indirectly discriminates against atypical unions. A queer person can adopt only in an individual capacity. This has the effect of reinforcing the discrimination against queer community & CARA circular (which excludes queer couples from adoption) is violative of Article 15 of the Constitution.
However, Justice Ravindra Bhat disagreed with the CJI on the right of queer couples to adopt and we voice certain concerns.
A Constitution Bench led by Chief Justice of India (CJI) DY Chandrachud and comprising Justices Sanjay Kishan Kaul, S Ravindra Bhat, Hima Kohli and PS Narasimha had reserved the verdict on May 11 for judgment this year of which the hearing started hearing on April 18, 2023, after a ten-day hearing, as the top court was called to decide on a batch of pleas seeking legal recognition of same-sex marriages, as these petitions collectively challenged the provisions of the Special Marriage Act 1954, Hindu Marriage Act 1955, and the Foreign Marriage Act 1969.
[Written by Kumar Aditya (firstname.lastname@example.org)]