Family Forum / Parenting / Adoption / September 2005

http://economictimes.indiatimes.com/articleshow/1243468.cms

SC seeks special law on adoption

NEW DELHI: The Supreme Court on Monday issued a notice to the Centre on
a petition seeking enactment of a special law providing legal option of
adoption of and by all persons irrespective of religion and sex. A
bench comprising justices YK Sabharwal, CK Thakker and SH Kapadia
sought a reply from the ministry of social justice and empowerment,
ministry of law and justice and department of women and child
development on a PIL which has sought guidelines for enacting the
special law on adoption.

The PIL, filed by social activist Shabnam Hashmi, said that in India,
only Hindus, Buddhists, Jains and Sikhs could adopt a child under the
Hindu Adoption and Maintenance Act, 1956, and there was no law for
adoption of and by persons of other religion like the Muslims,
Christians, Jews and Parsis.

"The non-Hindus are, therefore, forced to take recourse to the
Guardians and Wards Act (Gawa), 1890, under the option of guardianship
as against adoption," the PIL said. Senior advocate Colin Gonsalves
and Aparna Bhatt, appearing for Ms Hashmi, submitted that absence of
law is understood to be a significant reason for the low number of
adoptions in India and even those who invoke Gawa are deprived of their
right to family since there are legal and practical discrepancies in
the relation between a parent and an adopted child.

The PIL has sought a law on adoption on the model of the Special
Marriage Act, which would have no compulsive effect forcing anyone to
act contrary to his/her religious tenets.