THE Supreme Court last month issued a notice in a matter seeking simplification of the adoption process in India. A bench, comprising Justices DY Chandrachud and Surya Kant, heard the petition in which the counsel for the petitioner highlighted the ground reality with respect to the adoption process in India and the kind of impact it has had on the country over a period of time.
The petition and the apex court's notice was long overdue. Laws pertaining to the adoption process in the country has definitely made it difficult for couples or individuals trying to adopt orphans and provide them a better life. This despite the fact that the treatment and facilities for orphans is woeful and open to abuse and mistreatment.
The Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(42), defines an orphan as a child:
(i) Who is without biological or adoptive parents or legal guardian; or
(ii) Whose legal guardian is not willing to take, or capable of taking care of the child.
The Juvenile Justice (Care and Protection of Children) Act, 2015, Section 2(2) defines "adoption” as a process through which the adopted child is permanently separated from his biological parents and becomes the lawful child of his adoptive parents, with all the rights, privileges and responsibilities that are attached to a biological child.
Adoption in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, Adoption Regulations, 2017, and The Hindu Adoptions and Maintenance Act, 1956, for citizens who identify themselves as Hindus, Sikhs, Jains or Buddhists. Adoption is not allowed for citizens who identify themselves as Muslims, Parsis and Christians since they fall under personal laws. However, this does not mean that they cannot take care of children. The Guardians and Wards Act, 1890, provides a provision for guardianship of children.
Diese Geschichte stammt aus der May 16, 2022-Ausgabe von India Legal.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent ? Anmelden
Diese Geschichte stammt aus der May 16, 2022-Ausgabe von India Legal.
Starten Sie Ihre 7-tägige kostenlose Testversion von Magzter GOLD, um auf Tausende kuratierte Premium-Storys sowie über 8.000 Zeitschriften und Zeitungen zuzugreifen.
Bereits Abonnent? Anmelden
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
