In a landmark judgment, the Supreme Court of India has ruled that Indian laws permit individuals, regardless of their sexual orientation, to adopt a child. This decision has been hailed as a major victory for the LGBTQ+ community in India, which has long fought for equal rights and recognition under the law.
The judgment comes in response to a petition filed by a lesbian couple seeking permission to adopt a child. The couple argued that denying them the right to adopt based on their sexual orientation violated their fundamental rights as guaranteed by the Indian Constitution.
The Supreme Court agreed, stating that the law does not discriminate based on sexual orientation and that individuals have the right to adopt a child as long as they meet the necessary eligibility criteria. This decision has significant implications for same-sex couples in India who wish to start a family but have faced legal hurdles in doing so.
However, the ruling falls short of legalizing same-sex marriage in India, which remains prohibited under Indian law. The court emphasized that the right to adoption does not imply the right to marriage, and that any change to the marriage laws must come through the legislative process.
Despite this limitation, the ruling is being hailed as a major step forward for LGBTQ+ rights in India. It sends a strong message that individuals should not be discriminated against based on their sexual orientation and that they have the same rights as other citizens under the law.
The judgment is also likely to have a positive impact on the mental health and well-being of LGBTQ+ individuals in India, who have long faced discrimination and stigma. By recognizing their right to adopt a child, the court is providing them with greater social and legal recognition and helping to reduce the marginalization and exclusion they have faced.