INTRODUCTION

Scholar John Boswell, a full-time Yale University professor, and historian argued that same-sex fusion was recognized by the Roman Catholic church during medieval Europe. In history, the lives of many historical figures including Socrates, Leonardo da Vinci, Oscar Wilde, Julias Ceaser, and Alexandar the Great are believed in the fusion of love between people of their own sex. Among all, a handful of these philosophers were emotionally bisexual. Therefore, Plato shows how it is possible to love the mind of a particular man or woman without the necessity of loving the body. Records of the same sex have been preserved through literature and art.

Persian (current Iran ) literature, homoeroticism was present, and writers such as Abu Nuwas and Omar Khayyam elaborated their works. Abu was poems are rife with descriptions of beautiful men in bathhouses or hammams. During pre 20th-century many American television shows began engaging and giving rise to themes of same sex relationships. The same-sex relationship in the current scenario is regulated through law or the custom of the place, ranging from honouring on one hand to criminalizing on the other. Currently, 33 countries recognize same-sex and same-sex marriage rights, in which the Netherlands became the first country to in 2001 to legalize it.

ADOPTION FOR SAME-SEX COUPLE IN INDIA

Adoption provides a beautiful likeness in getting love. In India, the legal framework for adoption is primarily in the hands of the Juvenile Justice (Care and Protection of Children) Act, 2015 and guidelines governing adoption for children, 2015 issued by the Central Adoption Resource Authority (CARA). In India LGBTQIA+ couples can live together but are not authorized to enjoy the rights of a married couple. Same-sex couples cannot adopt children or have children by surrogacy. The court has been hearing petitions to legalize same-sex marriage and adoption rights, to make the law gender-neutral. So far now, the Hindu Marriage Act 1955 and Juvenile Justice Act 2015 don’t recognise same-sex couple adoption. The National Commission for Protection of Child Rights (NCPCR) gave their point of view for not allowing same-sex couple adoption rights:

• Children raised by heterosexual couples are emotionally more stable.
• Children growing up in same-sex families have a high probability of suffering from mental and psychological issues.
• Children raised by same-sex parents will have limited exposure and traditional gender roles.

Many petitions have been filed by the LGBTQIA+ community for dissolving section 5(2)A and Section 5(3) of the Adoption Regulation Act 2022, but were opposed by the NCPCR. section 5(2)A of Adoption and regulation act talks about the consent of both the spouses male and female in the adoption of a child, removal will give rise to the adoption capability of same-sex couples. whereas section 5(3) of the Adoption and regulation act states that no child shall be given in adoption to a couple unless they have at least two years of stable marital relationship. In India, there is no concept of a martial relationship for same-sex couples, which is why petitions have been filed for the removal of particular sections by the LGBTQIA+ community. Indian government stated SAME SEX MARRIAGE IS NEITHER RECOGNIZED NOR ACCEPTED IN ANY UNCODIFIED PERSONAL LAW, in the eye of the law same-sex relationship is nothing more than an illusion.

SUPREME COURT VERDICT IN ADOPTION RIGHT TO QUEER COUPLES

5 judge bench delivered a 3:2 judgement on adoption rights to queer couples. The court upheld one of the adoptive regulations prohibiting unmarried and queer couples from adopting children. While CJI Dy Chandrachud and justice kaul in their two separate and concurring verdict held one of the guidelines of the central adoption resource authority (CARA) 2022, the prohibition of unmarried and queer couples adoption as unconstitutional and illegal.

JUDGEMENTS BY SUPREME COURT

Supreme Court has been dealing with same-sex concepts for a longer time yet there is no particular step towards it. The demand for equal rights by queer couples in the matter of adoption and marriage is a long battle to go. Between these battles, there are many judgments given and petitions filed in the Supreme Court. Many judgments such as the Navtej Singh Johar case (2018) The Court upheld the right to equal citizenship of all members of the LGBTQIA+ community in India. Thus, it read down Section 377 to exclude consensual sexual relationships between adults, whether between same-sex individuals or otherwise. Another judgement of Ks Puttaswamy (2017) This judgement was the first time that the Supreme Court recognised the rights of the LGBT community in India. The judgement included the right to determine the sexual orientation and the right to privacy. There are books published by Indian writers such as LIHAAAF by Ismat Chughtai which deal with suggestive lesbianism, but also with the insulated and suffocating life of a neglected wife in a feudal society as well as sexual abuse.

ANALYSIS

In practical observation, there has been a lack of legal framework for adoption for homosexual couples. Though the legal framework discriminates against the adoption rights of homosexual couples, they are not able to give proper reasons to justify the denial. Adoption by homosexual couples has been a topic of debate globally. While some people argue that it provides loving homes for children in need, others argue that it is not in the best interest of the child. In the Indian context, homosexuality has been a taboo topic. It is unfortunate that a certain community has been denied to select a family in a country like India. But on the other hand, there are disadvantages to same-sex couple adoption. One significant disadvantage of same-sex couple adoption in India is the prevailing societal stigma and legal challenges that such families may face. Indian society is still largely conservative, and same-sex couples often encounter social ostracism, discrimination, and lack of acceptance. This can negatively impact the child's social experiences and psychological well-being, as they may face bullying, exclusion, and identity confusion. Additionally, the lack of explicit legal recognition and protection for same-sex couple adoptions in India means these families might not have the same rights and security as traditional families, further complicating their ability to provide a stable and supportive environment for the child.

CONCLUSION

The court and Indian law denied the concept of same-sex marriage and adoption in India. However, there were and are many petitions in the court which can bring some changes in the current law. However, the Indian culture refrains the concept of same-sex marriage and declares it unsanctified. So Both custom and culture are against the concept Which makes the court hesitate in legalizing the concept. As a result India currently prohibits adoption by same-sex couples. Adoption eligibility in India is limited to heterosexuals.

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