Muslim, Christian, Parsis and even Jews don't have an adoption law at all. To adopt they have to approach the court under the guardian and Wards act, 1890. As per this act, they can at best be a foster guardian till the adoptee attains majority. Then the adoptee is free to break away. Also the adoptee has no right on property inheritance.
On 19th February 2014, the Supremee Court passed a land mark judgment while hearing social activist Shabnam Hasmi's petition that any person can adopt a child under Juvenile Justice (Care and protection) Act 2000 irrespective of the religion he or she follows and even if the personal laws of the particular religion doesn't permit it.
"The JJ Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption. It is akin to the Special Marriage Act 1954, which enables any person living in India to get married under that Act, irrespective of the religion he follows. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute," ruled the bench headed by Chief Justice P. Sathasivam.
The court, however, turned down the plea for declaring the right of a child to be adopted and right of a parent to adopt a fundamental right under the Constitution saying that such an order cannot be passed at this stage in view of conflicting practices and beliefs.
However this in fact paved way for people from communities of Muslim, Christians, Parsis to adopt a child, which was not possible earlier (except being foster guardians). All other communities except AIMPLB (All India Muslim personal law Board) expressed satisfaction on this verdict.
AIMPLB however registered a protest against the PIL terming it a covert attempt to slip in a uniform code by the backdoor which would infringe the Shariat law, reported Daily Mail.
Point is what would happen to a Muslim orphan? Is it because shariat doesn't permit, he can't be adopted despite being at par Indian? Adoption always must be legal. As religion is a personal aspect thus Muslims even though can adopt as per the JJ Act 2000 post this verdict legality still would be very complicated unless personal law has the provision. The Muslim personal law doesn't have adoption law, thus even if someone is adopted as per JJ act 2000 he would face lot of problem inheriting the property.
My opinion that every child irrespective of its religion must have fundamental right to be adopted as well as every parent irrespective of their religion should have fundamental right to adopt. In a democracy faith is to be respected but when it contradicts fundamental and constitutional right, the Constitution must prevail.
Thus is a case
for Uniform Civil Code from adoption aspect.
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