Muslims cannot adopt under personal law in India: Understanding the Orissa high court ruling
BACKGROUND: THE ORISSA HIGH COURT RULING
The Orissa High Court recently confirmed Muslims’ rights to adopt children under local legislation. According to the court, Muslims are not permitted to adopt minor children under their own personal rules and must adopt minor children in accordance with the severe guidelines outlined in the Juvenile Justice (Care and Protection of Children) Act (the “JJ Act”). The court noted that, unlike Hindu Law, there is no Mohammedan practice that justifies adopting a child.
The court also agreed that Section 41 of the JJ Act permits a Muslim to adopt a child that has been surrendered, but only after adhering to the procedures outlined in the JJ Act and the Rules adopted thereunder, and not just whenever they feel like it.
ADOPTION LAWS IN INDIA
Varied groups in India have different adoption rules. The Hindu Adoption and Maintenance Act of 1956 permits adoptions by Hindus, Buddhists, Jains, and Sikhs. Since there are no specific adoption rules for Muslims, Christians, or Parsis, they must file a court petition under the Guardians and Wards Act of 1890. However, the JJ Act of 2000 is a secular law that allows anybody, regardless of the religion they practice, to adopt a child.
Adoption is not permitted under Muslim, Christian, Parsi, or Jewish personal laws in India because the country’s adoption rules are in accordance with each religion’s personal laws. However, the Guardians and Wards Act of 1890 permits adoption from an orphanage subject to certain conditions.
Adoption Process Under JJ Act
The adoption process in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2017. Prospective Adoptive Parent (PAP) is the term used to refer to parents who are allowed to adopt children under the JJ Act, 2015 regardless of whether they are male or female. The JJ Act of 2000 is a secular law that makes it possible for anybody, regardless of the religion they practice, to adopt a child. The JJ Act allows prospective Indian adoptive parents to adopt an orphan, an abandoned child, or a kid who has been turned in, regardless of their religion or where they live in India.
According to the Act, anyone may adopt a kid under the Juvenile Justice (Care and Protection of Children) Act 1990, regardless of their religious affiliation and even if their particular religion’s own regulations forbade it. The Orissa High Court made it clear that Muslims cannot adopt young children under their own personal rules and must adhere carefully to the guidelines established by the Juvenile Justice (Care and Protection of Children Act) in order to do so.
ADOPTION RIGHTS OF MUSLIMS
Muslim personal law prohibits the adoption of minors. Muslims must rigorously adhere to the guidelines established by the Juvenile Justice (Care and Protection of Children) Act (the “JJ Act”) in order to complete any such adoption, the Orissa High Court has ruled. The court noted that, unlike Hindu Law, there is no Mohammedan practice that justifies adopting a child.
A Muslim may adopt a child who has been given up, but they must adhere to the strict procedures outlined in the JJ Act and the Rules issued thereunder and cannot do so at their discretion. In most Islamic nations, guardianship is given to a kid who needs care and protection instead of adoption.
IMPACT OF THE ORISSA HIGH COURT RULING
According to the Orissa High Court’s decision, Muslims are not permitted to adopt young children under their own personal rules and must adhere closely to the requirements of the Juvenile Justice (Care and Protection of Children) Act in order to do so. Muslims must adhere to the JJ Act’s adoption procedures and are not permitted to adopt under personal law, according to the judgment.
The court noted that, unlike Hindu Law, there is no Mohammedan practice that justifies adopting a child. Muslims intending to adopt children in India must now follow the JJ Act’s established processes, which has important ramifications.
