SC: People from any religious background are free to adopt child

The Supreme Court ruled that people are free to adopt children irrespective of their religious background. The move paved the way for adoption of child by persons hailing from Muslim community even though it is not allowed under their personal law. 
The bench headed by Chief Justice P Sathasivam stated that the

  • Law entitles adoption by people belonging to any religion and any person, who does not submit himself to personal law, can adopt a child.
  • Juvenile Justice (Care and Protection of Children) Act is a small step towards the concept of Uniform Civil Code mentioned in Article 44 of the Constitution of India.
  • Act does not mandate any compulsive action by any prospective parent leaving such person with the liberty of accessing the provisions of the Act, if he so desires.
  • Act is an enabling legislation that gives a prospective parent the option of adopting an eligible child by following due procedure.

The SC judgment came on petition filed by activist Ms. Shabnam Hashmi who had approached the apex court after being refused permission to adopt.



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