SC strikes down CARA regulation restricting queer and unmarried couples from adoption

The Supreme Court has struck down CARA (Central Adoption Resource Authority) regulation restricting queer and unmarried couples from adoption.

the CJI said the difference between married couples and unmarried couples has no reasonable nexus with the objective of CARA. 

He said that there is no material on record to prove that only a married heterosexual couple can provide stability to a child. Here the CJI said Regulation 5(3) of the CARA, which excludes queer couples from adoption, is violative of Article 15 of the Constitution. 

CJI Chandrachud added that there is no material on record to prove that only a married heterosexual couple can provide stability to a child.

CJI Chandrachud remarked while passing the verdict stated that people must have the freedom to pick their partner. Stating that queerness is a natural phenomenon, the CJI also suggested that the government must make a committee on marriage rights and present a bouquet of gay rights to the LGBTQ community. He further said that queer unions cannot be discriminated against. The CJI further observed that gender cannot be the same as sexuality.

The CJI also observed that right to enter into union cannot be restricted on basis of sexual orientation. 

The CJI also gave out some directions to the Centre as well as the state governments to end discrimination against the LGBTQA+ community. These directions are:

1. The queer community is not discriminated against. 

2. There is no discrimination in access to goods and services.

3. Sensitise the public about queer rights.

4. Create a hotline for the queer community.

5. Create safe houses for queer couples.

6. Ensure inter-sex children are not forced to undergo operations. No person shall be forced to undergo any hormonal therapy.