SC seeks Centre’s response on adoption laws
SC seeks Centre’s response on adoption laws
S. S. Negi
Tribune News Service
New Delhi, July 15
Taking into account various legal lacunae on adoption in the face of country having 12.5 million orphans, the Supreme Court today issued notice to the Centre and states seeking their response why the laws relating to adoption should not be made more practicable.
A Bench headed by Chief Justice K.G. Balakrishnan sought the replies from them on a petition by a Christian organisation pointing out that due to stringent laws only about 4,000 children were adopted every year.
The Evangelical Fellowship of India (EFI), which brought the issue before the Court, made a particular reference to the difficulties faced by non-Hindus in adopting a child in the absence of a law for them.
Additional Solicitor General (ASG) Gopal Subramaniam, taking a “proactive” stand on the issue said the Centre was open to laying down comprehensive guidelines to make adoption more practical but at the same time keeping in view the safety of children to ensure that they did not fall in wrong hands.
EFI, which claimed to have under its control 30,000 churches all over he country, said at present only the Hindu Adoption and Maintenance Act provided proper guidelines for adoption of children and confer on them the rights in the properties of adopting parents.
“But Christians, Jews, Muslims and Parsis cannot legally adopt a child. They can only avail of the guardianship under the Guardianship and Ward Act, 1956. The status of guardianship also ceases once the ward attains the age of majority,” senior advocate Colin Gonsalves, moving the petition said.
“Every child has a right of a family, better life and basic minimum medical facilities and the relaxation in the laws could pave way for thousands of destitute finding homes for themselves,” he said.
He also cited the rulings of Kerala and Bombay High Courts, which had given positive directions regarding relaxation of laws on adoption.
The petition was moved in addition to another PIL pending on the issue, filed earlier by social activist Shabnam Hashmi.
The ASG said the Government would file a detailed affidavit explaining its view point in totality while laying down the guidelines as per the amended Juvenile Justice Act, 2000, But the Government at the same time has to keep in mind the “sensitivities” of various religious groups while laying down the guidelines, he said, pointing out that the procedure to be adopted has to be based on “common acceptable norms”.
The Government in its earlier affidavit had stated that there was no “legislative vacuum for recognition of right of every child to be adopted under the Juvenile Justice Act as it was an inclusive legislation, covering all children as well as parents irrespective of their religion and sex.”