Indian Psychiatric Society bats for same-sex marriage, adoption rights ahead of SC hearing

Ahead of Supreme Court's hearing on Same-sex Marriage, the Indian Psychiatric Society (IPS) on Monday, released a statement in support of the move, stating that LGBTQA spectrum individuals should be treated like all citizens of the country. Earlier this month, the Apex Court formulated a five-judge Constitution Bench which will hear the batch of pleas seeking the legal validation for same-sex marriages in India on April 18 that will be live-streamed.  

Indian Psychiatric Society supports same-sex marriage ahead of SC hearing

In its position statement, the IPS cited its 2018 move of supporting the decriminalisation of homosexuality and  LGBTQA stated that should also get equal opportunities to enjoy their civil rights. Any sort of discrimination may lead to mental health issues.

The Indian Psychiatric Society said, "In 2018, the Indian Psychiatric Society had supported the decriminalisation of homosexuality and LGBTQA spectrum from Section 377 of the Indian Penal Code, as well had stated that these are variants of normal sexuality, not deviant, and certainly not an illness".

It further added, "As an extension to the same, the Indian Psychiatric Society would like to reiterate that these individuals be treated like all citizens of the country, and once a citizen can enjoy all civil rights like education, employment, housing, income, government or military service, access to health care, property rights, marriage, adoption, survivorship benefits to name a few. There is no evidence to indicate that individuals on the LGBTQA spectrum cannot partake in any of the above. On the contrary, discrimination which prevents the above may lead to mental health issues".

The statement further highlighted the challenges faced by same-gendered families in adopting a child and pitched for it's legalisation. "The Indian Psychiatric Society is very cognizant that a child adopted into a same-gendered family may face challenges, stigma and/or discrimination along the way. It is imperative that once legalized, such parents of the LGBTQA spectrum bring up their children in a gender-neutral, unbiased environment. It is also of utmost importance, that the family, community, school and society, in general, are sensitized to protect and promote the development of such a child and prevent stigma and discrimination at any cost," the statement said. 

Same-sex Marriage In Supreme Court

The Supreme Court on January 6, transferred all petitions filed in the High Courts across the country seeking legal recognition for same-sex marriages to itself. It is pertinent to mention that though homosexuality is legal in India after the Supreme Court invalidated Section 377 of the IPC in 2018, same-sex marriage has not been recognised in the country yet. 

The Centre, in a counter-affidavit filed before the Supreme Court, opposed the pleas seeking legal recognition of same-sex marriage in the country. The Centre opined that same-sex relations could not be compared to the Indian family concept of a husband, a wife and children born out of the union.

"Marriage, as an institution in law, has many statutory and other consequences under various legislative enactments. Therefore, any formal recognition of such human relationship, cannot be regarded as just a privacy issue between two adults," Centre said in its affidavit.

The top court stated, "We are of the considered view that it would be appropriate if the issues raised are resolved by a bench of five judges with due regard to Article 145 (3) of the Constitution. Thus, we direct the matter be placed before a five-judge Constitution bench." The SC then posted the matter for arguments on April 18, adding that the proceedings will be live-streamed as is done in case of hearings before the constitution benches.