By Manmath Kumath
INTRODUCTION
Adoption is a legal process in which someone takes someone into care and transfers all of the legal rights of a legitimate biological child to that person. In other terms, it is the legal commitment of a child.
Adoption is an important socio-legal activity for a country, it provides families to orphans and abandoned children and provides an opportunity for people to complete their families.
Even though adoption is such a beautiful practice not everyone in India has the privilege to adopt.
ADOPTION LAW IN INDIA:-
1. Hindu Adoption and Maintenance Act, 1956
The Hindu personal law system is the only personal law that allows for legal adoption in India.
To adopt a child under this act, you must be a Hindu and have the financial resources to do so. A Hindu male who seeks to adopt a child must follow Section 7 of the Act, while a Hindu female who wishes to adopt must follow Section 8 of the same. Section 7 requires that the Hindu male be of majority, have a living wife, be of sound mind, and have the approval of all spouses if he has more than one. A Hindu female must meet the following conditions under Section 8: she must be of sound mind, have reached the age of majority, and be unmarried, a widow, or divorced. A married woman can not adopt a child.
2. Guardians and Wards Act, 1890
Parliament passed the Guardians and Wards Act in 1890 to protect children's interests and secure their property. Since some personal laws do not acknowledge the entire adoption, this Act extends to Christians, Muslims, Parsis, and Jews. The sole relationship formed as a result of adoption under this Act is that of guardian and ward. When children reach the age of 21, they stop being wards and begin to develop their own identities. They do not have an automatic right to inherit. Adoptive parents must leave their children whatever they desire in a will, which can be challenged by any blood family.
3. Adoption among Muslims
When it comes to the procedure to be followed for Muslim adoption, there is a different approach since under Mohammedan Law, the term "adoption" is not recognized. In India, if a Muslim cannot adopt a child, he can always become a Kafil and care for the child's maintenance and well-being, which includes financial support, even if he is not the child's biological parent. Regardless, the child will still be regarded as the biological parent's child, and being Kafil will not result in the child being adopted.
4. The Juvenile Justice (Care & Protection of Children) Act, 2000
The Juvenile Justice (Care and Protection of Children) Act of 2000 applies to all Indian citizens. It allows for the adoption of two children of the same gender. It bestows parental and child status rather than guardianship and wardship. It also grants adopted children the same rights as biological children. It is designed to care for, protect, develop, and rehabilitate adolescents who have broken the law, as well as children who require care and protection. It also functions as a forum for adjudication and resolution of specific problems involving them. It creates a standard legal framework for justice throughout the country and applies to minors under the age of 18.
Even though this act is a step towards a secular adoption still it has not been an effective statute due to it being suppressed under the other provisions of the statute there is a lack of awareness of this. Thus need for a special and distinct secular law for adoption arises.
THE NEED FOR SECULAR LAW:-
One of the primary reasons why a secular adoption law is needed in India is to ensure equality and non-discrimination in the adoption process. The existing system gives preferential treatment to couples belonging to the same religion as the child, thereby excluding potential adoptive parents from different religious backgrounds. This not only restricts the pool of eligible families but also perpetuates religious biases and stereotypes.
A secular adoption law would prioritize the best interests of the child above religious considerations.
It would create a level playing field, allowing families from all religious backgrounds to adopt without facing discrimination. By eliminating religious biases, we can focus on finding loving and capable homes for children in need, regardless of their own religious or cultural heritage.
The adoption process in India is often lengthy and complex, dissuading many prospective parents from pursuing adoption. Multiple bureaucratic hurdles, documentation requirements, and delays plague the system, making it arduous for both the adoptive parents and the children awaiting placement.
Secular adoption law can help streamline and simplify the procedures involved, ensuring efficiency and transparency.
By establishing standardized guidelines, reducing paperwork, and leveraging technology for smoother documentation processes, a secular adoption law would expedite the adoption process. This would encourage more families to consider adoption as a viable option and provide loving homes to children in a timelier manner.
The central principle of any adoption system should be the best interests of the child. Unfortunately, the current adoption laws in India often prioritize religious and cultural compatibility over the child's well-being. This approach limits the chances of children finding permanent homes and perpetuates the cycle of institutionalized care.
A secular adoption law would shift the focus towards the best interests of the child, regardless of religious considerations.
It would ensure that every child has an equal opportunity to be placed in a loving and nurturing environment. This child-centric approach would prioritize the child's safety, development, and overall welfare, providing them with a stable foundation for a brighter future.
Another crucial aspect of secular adoption law is its potential to create awareness and address the social stigmas surrounding adoption in India. The existing adoption system, deeply rooted in religious practices, often perpetuates misconceptions and prejudices. These stigmas act as barriers, preventing many families from considering adoption and leaving numerous children without permanent homes.
A comprehensive secular adoption law would not only provide legal frameworks but also promote awareness campaigns to dispel myths and misconceptions about adoption.
By educating the public about the benefits of adoption, debunking stereotypes, and sharing success stories, we can encourage a more inclusive and accepting society.
CONCLUSION
The need for a secular adoption law in India is essential to ensure equality, efficiency, and the best interests of the child. Existing adoption laws, rooted in religious practices, create barriers and perpetuate discrimination, hindering the process of finding loving homes for children in need. A secular adoption law would eliminate religious biases and stereotypes, prioritize the well-being of the child above religious considerations, streamline and simplify the adoption process, and shift the focus toward the child's well-being. It would also provide legal frameworks and work towards creating awareness and addressing the social stigmas surrounding adoption. It is essential for the Indian legal system to recognize the significance of secular adoption law and take the necessary steps to implement it.
"Adoption should be celebrated as a beautiful practice that transcends religious boundaries, offering hope and love to those who need it most."
According to you, is there a need for the said Act?
Yes, there is.
No, there is not.
Nicely explored, Manmath!