NOT EVERYTHING IS STRAIGHT, WHY SHOULD PARENTS BE?

INTRODUCTION

In September, 2018, the colors of pride fluttered around the streets of India, as LGBT community celebrated their freedom of love because of the ground-breaking judgement by the Supreme Court in Navtej Singh v. Union of India.[1]

But their struggle to be recognized as a person still has a long journey ahead. LGBT community is vast and even though there is no proper demographic count of their population, the Government of India provided an estimated count to the Supreme Court in 2012 which recognized about 2.5 million gays in India. After decades of struggle and tolerance, in 2018, the Supreme Court decriminalised the existence of the community but is it enough for the community? Is decriminalising a community is enough to be treated socially, educationally, generally equal ? Is their love getting recognition ?

The answer to that question can be answered by comparison of the rights provided to them in different legal aspects as compared to the hetrosexual community rights.

DOES INDIA RECOGNIZES SAME SEX UNION ?

Even though India have a long history of existence of homosexuality and even recognized homosexuality in recent years, they haven’t provided any recognition to same-sex union. India have various marital laws for every religion like:-

● Hindu Marriage Act, 1955

● Muslim Personal Law Application Act, 1937

● Special Marriage Act, 1954

● Indian Christian Marriage Act, 1872

● Parsi Marriage and Divorce Act, 1936

● Anand Marriage Act, 1909

But none of the above acts recognizes same-sex union, but it does recognizes a transgender woman marry under Hindu marriage Act, 1955. In every act it is clearly stated that marriage happens between a man and a woman. The question is why marriage can’t happen between same sex? Why same-sex union is still considered a taboo? Why two people who want to start a family with each other can’t be recognized by a uniform law?

The community might get some relief soon, as per the draft of Uniform Civil Code proposed in 2017, recognizing same-sex union nationwide.

CAN HOMOSEXUAL COUPLES BECOME PARENTS ?

Homosexual couples can become parents but not in a way as hetrosexual but there are many ways provided for them to become parents in general. It might not be recognized in India for gays to be parents through different ways like adoption, IVF, donors, etc but it has been recognized worldwide.

In India a single LGBT people can adopt a kid but a same-sex couple is not eligible for adoption. Though legal experts are trying to same-sex couple have the same rights as hetrosexual couples and be recognized to adopt a child but till now the union cabinet’s decision is not in favor for LBGT couples to become adoptive parents.

The other conventional ways for them to start a family and have their child is still in the developing stage in India and is quite expensive. Why a child who had been neglected due to any reason can’t be raised by same-sex couple ? A child who need parents to guide them, educate them, help them grow can’t be raised by same-sex couple ? They are still humans and have the same significance to nurture a child like a hetrosexual couple. There might be some challenges while raising a child but it’s mostly psychological rather than physical.

CHALLENGES FOR GAY PARENTS

The major challenge for them is to describe their relationship to their child and the society acceptance of a child being raised by a gay couple. Both the challenges can be conquered by the adaptability nature of the society.

Acceptance plays a very important role in society. Accepting the community, accepting the child raised by the community, accepting the community to start a family is a necessity which can only be done today by taking all the negatives away.

An orphaned child who is waiting to be feel accepted by a family, why can’t be raised by same-sex couple who wants to start a family. Is not being hetrosexual be barrier for them?

CONCLUSION

When we say the term parents, we are not describing a male and a female, we are describing a parent, a person who nurtures a child with love and care, who is there when a child needs them, who educates the child, who raises a child. There is no law that the same can’t be done by same-sex couples. Just because they can’t bear a child in a natural way, isn’t a reason for them not to have a child at all.

It took them decades of struggles and torture to get their proper recognition and rights; it shouldn’t take another decade for them to fight to have a family. There is always a consent from couples to start a family, if the consent is there from them too, they should be able to have a family too even if it involves different conventional methods. If hetrosexual couple can raise a homosexual child, a homosexual couple can raise a hetrosexual child too. Every child needs a parent, someone is better than no one. It doesn’t matter what race, gender, community the parents belong to. What matters is the empathy and upbringing of the child.

[The author is Deeksha Karunakar, 4th year law student at Law College Dehradun, Uttaranchal University.]

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