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INTERNATIONAL JOURNAL OF NOVEL RESEARCH AND DEVELOPMENT International Peer Reviewed & Refereed Journals, Open Access Journal ISSN Approved Journal No: 2456-4184 | Impact factor: 8.76 | ESTD Year: 2016 Scholarly open access journals, Peer-reviewed, and Refereed Journals, Impact factor 8.76 (Calculate by google scholar and Semantic Scholar | AI-Powered Research Tool) , Multidisciplinary, Monthly, Indexing in all major database & Metadata, Citation Generator, Digital Object Identifier(DOI) |
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| Paper Title: | Adoption By Same Sex Couples: Still A Taboo? |
| Authors Name: | Aparna Hyanki |
| Download E-Certificate: | Download |
| Author Reg. ID: |
IJNRD_217768
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| Published Paper Id: | IJNRD2404190 |
| Published In: | Volume 9 Issue 4, April-2024 |
| DOI: | |
| Abstract: | India claims to be Secular, Socialist, Democratic, and a Republic where every citizen is equal in terms of sexual orientation or gender, etc. The right of every citizen of India is to live with dignity and the right to privacy, including the right to make their own choices of intimacy and manner in which they want to live their life, is protected as per the constitution laws. If same-sex couples do choose to adopt, they face challenges related to societal bias, lack of legal recognition, and limited support systems. Section 377 is violation of the Article 14 of the Indian constitution being wholly arbitrary, vague, and unlawful. Section 377, being decriminalized, also applies to the adoption laws, which are discriminatory for same-sex couples. The adoption laws are discriminatory as it does not meet the classification test of Article 14 of the constitution because the laws for adoption specifically mention capacity only for married couples, and single-married couples can adopt, so why not unmarried or same-sex couples? Over the past two decades, we see that the world is moving at an oblivion speed, with various global trends, observing a slow change in the legal status of same-sex marriages. Legal status of same-sex couples have been different in India and various other foreign countries. This paper compares laws under the Hindu Adoption and Maintenance Act, 1956, the Juvenile Justice Act, 2015 and Adoption Regulations with laws and mindsets of people accepting same-sex adoption in foreign countries. Over the years, there has been a growing awareness and acceptance of LGBTQ+ rights in India, particularly among the younger generation. This could potentially lead to more positive attitudes towards same-sex adoption in the future. |
| Keywords: | Adoption, Hindu Adoption and Maintenance Act, Hindu Marriage Act 1955, inter-country adoption, Juvenile Justice (Care and Protection) Act, LGBTQ+, same-sex marriage. |
| Cite Article: | "Adoption By Same Sex Couples: Still A Taboo? ", International Journal of Novel Research and Development (www.ijnrd.org), ISSN:2456-4184, Vol.9, Issue 4, page no.b722-b732, April-2024, Available :http://www.ijnrd.org/papers/IJNRD2404190.pdf |
| Downloads: | 00040 |
| ISSN: |
2456-4184 | IMPACT FACTOR: 8.76 Calculated By Google Scholar| ESTD YEAR: 2016 An International Scholarly Open Access Journal, Peer-Reviewed, Refereed Journal Impact Factor 8.76 Calculate by Google Scholar and Semantic Scholar | AI-Powered Research Tool, Multidisciplinary, Monthly, Multilanguage Journal Indexing in All Major Database & Metadata, Citation Generator |
| Publication Details: |
Published Paper ID:IJNRD2404190 Registration ID: 217768 Published In: Volume 9 Issue 4, April-2024 DOI (Digital Object Identifier): Page No: b722-b732 Country: Ghaziabad, Uttar Pradesh, India Research Area: Other Publisher : IJ Publication Published Paper URL : https://www.ijnrd.org/viewpaperforall?paper=IJNRD2404190 Published Paper PDF: https://www.ijnrd.org/papers/IJNRD2404190 |
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ISSN: 2456-4184
Impact Factor: 8.76 and ISSN APPROVED
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