Existing law of adoption in India is discriminatory

Prashant Solomon

Posted on September 15, 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.

Published as a letter to the Editor in:

Tribune, Chandigarh (Sept. 21, 2004)

An article appeared on this topic in the Hindustan Times (Oct. 17, 2004)

after my letters appeared. The article can be read on the Hindustan Times site or the text can be read here.