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Letters to the Editor
Adoption Law in
India is discriminatory
(September 21,
2004)
As a devoted Indian and as a student of law I am completely committed
to secularism in our nation. However, I do not understand why in
a secular nation like ours only a Hindu citizen of India can legally
adopt a child. 'Hindu' as given in the definition of the Hindu Adoptions
and Maintenance Act, 1956 includes Sikhs, Jains and Buddhists and
specifically excludes Muslims, Christians, Jews and Parsis, who
as per law can only take a child under their guardianship under
the Guardians and Wards Act, 1890.
The children taken by a non-Hindu foster parent do not enjoy the
same legal status accorded to those children taken by a Hindu parent.
The Constitution of India enshrines under Articles 14 and 15 that
there shall be equality before law and that there shall be no discrimination
or restrictions on any person only on the basis of religion.
Since the entire process of adoptions in our country is governed
by one single Act alone (Hindu Adoptions and Maintenance Act, 1956)
there is no provision under the law for a non-Hindu citizen of India
to adopt a child with the same legal rights, status, opportunity
and respect as that of a child adopted by a Hindu. Is this constitutional
and in the spirit of a secular nation? In my humble opinion, it
is not.
I propose the creation of a secular Indian Adoptions Act that will
correct this unconstitutional situation. The absence of a law under
which non-Hindus can legally adopt amounts to discrimination and
restrictions only on the basis of religion and therefore is unconstitutional.
Tribune,
Chandigarh (Sept. 21, 2004)
Deccan
Herald (Sept. 20, 2004)
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