CHENNAI: The Madras High Court on Tuesday directed transgender sub-inspector Prithika Yashini to submit a fresh application for child adoption to the Central Adoption Resource Authority (CARA). The court has directed the agency to consider the application within 12 weeks.
The directions were issued by Justice M Dhandapani while disposing of a 2023 petition filed by Yashini seeking to quash an order of the CARA rejecting her application and direct the agency to permit her to adopt a child irrespective of her sexual orientation.
When the petition came up on Tuesday, her counsel submitted that permission cannot be denied only on the ground of the sexual orientation as several laws and rules have been framed to protect the rights of the marginalised community in the society. However, deputy solicitor general Rajesh Vivekanandan told the court the relevant laws and the rules governing child adoption do not provide for a transgender to adopt a child.
Prithika Yashini approached the CARA on November 12, 2021 as a prospective adoption parent with an online application to the Holy Apostles Convent in Chennai but her application was rejected on September 22, 2022, citing her sexual orientation.
She had stated that rejection of the application was illegal and against the fundamental rights which are common for all citizens. She also said the law does not prohibit adoption based on sexual orientation but what was required was good morals, education and financial independence.
