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Plea in Supreme Court seeks religion, gender neutral adoption process
The petition even identified the distinctions existing among the law governing guardianship in the country.
The Supreme Court on Friday asked the Centre to respond to a plea seeking uniform gender, religion neutral law of adoption and guardianship across the country.
The petition was filed by BJP leader and lawyer Ashwini Kumar Upadhyay. A three-judge bench, headed by Chief Justice of India (CJI) SA Bobde, issued notice on the petition and tagged it with a similar petition filed by Upadhyay demanding uniform grounds for divorce and maintenance, which is both gender and religion neutral.
Appearing for Upadhyay, two women senior advocates Anjana Prakash and Geeta Luthra requested the court to issue notice as it raised a very crucial question of law.
Since the petition also requested the court to ask for a report in this regard from the Law Commission of India, the bench said, “We will tag this petition (with the other petition on uniform divorce, alimony grounds) and send it to the Law Commission.”
Upadhyay in his petition said, “Uniformity is essential to secure fraternity, equality and dignity of child but state has not taken steps in this regard till date. Therefore, petitioner challenges blatant ongoing form of discrimination that is the discrimination in adoption and guardianship rights.” The petition pointed out that Hindus, Buddhists, Sikhs and Jains are governed by Hindu Adoption and Maintenance Act and the Hindu Minority and Guardianship Act while personal laws govern adoption and guardianship for Muslims, Christians and Parsis.
Couples who wish to adopt a child have to apply under the Juvenile Justice (Care and Protection) Act while the non-resident Indians and overseas citizens have to approach an authorized Foreign Adoption Agency or Central authority subject to Adoption Regulation of 2017.
The petition even identified the distinctions existing among the law governing guardianship in the country.
“Muslims are bound to follow the Kafala system under which a child is placed under a kafil (guardian) who takes care of child’s upbringing….An adopted child cannot inherit guardian’s property and retains his biological name. In Hindu law, the adopted child turns to be the child of his or her adoptive father or mother for all purposes from the date of adoption. The Parsi law does not recognize adoption,” the petition stated.
