INTRODUCTION
Children are commonly acknowledged as a country’s future. However, a lot of children end up abandoned in orphanages, where they become vulnerable to all kinds of exploitation. Unfortunately, some children fall prey to sexual assault and human trafficking. Adoption is one way that some fortunate enough abandoned children are given a new beginning in life.
Adoption in general is not governed by any specific adoption law. The only personal law governing adoption is the Hindu Adoption and Maintenance Act of 1956, which applies to all Hindus. Those from other religions may adopt a child under the provisions of The Guardians and Wards Act of 1890.
The adoption of abandoned, relinquished, and orphaned children is covered under the JJA, 2015.[1]Adopting such children is consistent with the idea that every child in need of support and care has a right to a home. The JJ Act is a secular law, meaning that everyone is subject to it.
ANALYSIS
The Sikhs, Buddhists, Jains, and Hindus are all covered by the HAMA. This statute makes adoption permanent, grants the child all of the family’s rights as a naturally born child, and grants the child the ability to inherit property.[2]Also, this act does not allow non-Chinese children to be adopted and if a couple already has a biological kid of the same gender, they are not entitled to adopt another child.
Since the personal laws of Christians, Muslims, Parsis, and Jews do not allow total adoption, these groups are covered by the GAWA. The relationship that is formed upon adoption under the GAWA is limited to that of guardian and ward, respectively. Children become distinct identities and cease to be wards upon becoming 21 years old.[3]
In Muhammad Allahdad Khan v. Muhammad Ismail[4], Mahmood, J. stated, “The Mohammedan law does not recognize adoption as a mode of filiation.”A standard adoption law that would apply to all Indian citizens, regardless of their religious views, was the goal of the Adoption of Children Bill, which was introduced in the parliament in 1972. The Bill could not pass, nevertheless, as the Government withdrew it in 1978.
The legislative branch in India does not prioritize adoptions by non-Hindus even though the country is home to numerous religions, each of which should have its adoption laws. They are dealing with emotional and legal issues because of our legislature’s failure. They are not sure about the child’s status as a member of the family. A Muslim, however, has two options: either he chooses to be ruled by the JJA and adopt a kid there, or he chooses to be governed by Muslim personal law and refrain from adopting children.
NEED FOR UNIFORM LAWS
No matter what religion a person practices or whether their law prohibits them from adopting children, in Shabnam Hashmi v. Union of India &ors[5] The SC decided that anyone could adopt a child under the JJ Act of 2000. The Juvenile Justice Act of 2000 is a secular law that allows anyone, regardless of faith, to adopt a kid. The court ruling will open the door for the creation of a single body of civil law, as specified in Article 44 of the Indian Constitution. It will help lakhs of abandoned children find a safe place to live, despite their parents’ religious beliefs.
With the landmark decision in Mohd. Ahmed Khan v. Shah Bano Begum[6], we have come to understand the critical necessity of a unified civil code. Similarly, adoption should be governed by a unified legal framework. Children are not adopted merely due to religious beliefs. Religious beliefs prevent childless parents from having the complete legal right to adopt a child. Legally speaking, they are not permitted to identify as the adopted child’s parents. Thus, a consistent civil code about adoption is necessary.
SOME CHALLENGES ASSOCIATED WITH ADOPTION
Adoption is still considered a social stigma in society as some people think that the adoptive child is not a real child. Also, in some parts of society, the caste system still exists. The child’s caste is a source of concern for the household elders. Even in adoption cases, couples are observed to prefer fair-skinned children who may “look facsimile” to be from an upper caste.
The legislation allows for an age gap of 21 years between the adoption of the opposite sex.[7], however, this should only apply in situations of adoptive parents and adopted children of the same sex as the adopted child can be harassed by the same sex also. Therefore, those categories of adoption should likewise be included by the law.
Also, once an adoption is completed and the child is taken away, there is no ongoing monitoring of the adoptive parents’ methods of child care.
India has seen alarming instances of illegal adoption practices, including the sale and trafficking of infants. Vulnerable children and biological parents have been used by unregistered adoption agencies. Therefore, we need to strengthen the adoption laws to ensure more transparency and efficiency.
Adoption laws in India need to be reevaluated and updated to improve efficiency and openness. This could entail clearing up any ambiguities or gaps in the existing legislation, cutting down on delays, and streamlining the paperwork.
It is essential to increase public knowledge of adoption. The public must be made aware of the benefits, procedures, and legal aspects of adoption to accomplish this. It’s imperative to dispel any myths and stigmas surrounding adoption and promote beneficial views about it. Adopted children and their adoptive parents also require comprehensive post-adoption support services. These services could include access to healthcare, counselling, educational support, and assistance in overcoming any obstacles that may come up during the adoption process.
CONCLUSION
Adoption creates a fresh, enduring bond between adoptive parents and adopted children. When the child gets all the love, care, and attention that a naturally born child would receive, it is beneficial. Following that, there is no longer a legal distinction between an adopted child and a child born into a family.
Several legal issues, such as insufficient legislation, social stigma, and administrative obstacles, have hindered the adoption process. The increase in orphans and the need for adoption in India necessitate consistent adoption legislation.
If the standard laws are put into effect, children will have a bright future and receive the proper care and protection. Additionally, it will improve a child’s parents’ social life and make adoption by other religions.
Author(s) Name: Nanki Kour Chhabra (SVKM’s NMIMS, Indore)
References-
[1] Juvenile Justice (Care and Protection of Children) Act 2015, s 56
[2]Hindu Adoption and Maintenance Act 1956
[3]The Guardians and Wards Act 1890
[4]Muhammad Allahdad Khan v. Muhammad Ismail ILR (1888) 12 ALL. 289
[5]Shabnam Hashmi v. Union of India &ors 4 SCC 2014 1
[6]Mohd. Ahmed Khan v. Shah Bano Begum AIR 1985 SC 945
[7]Hindu Adoption and Maintenance Act 1956, s 11
