THE Supreme Court recently sought a response from the centre on a PIL seeking a gender- and religion-neutral uniform law on adoption and guardianship for all citizens. The petition was filed by BJP leader and advocate Ashwini Kumar Upadhyay.
A three-judge bench, headed by Chief Justice of India SA Bobde, issued a notice on the petition and tagged it with another one filed by Upadhyay where he demanded uniform grounds for divorce and maintenance which are both gender- and religion-neutral.
The petition stated that no discrimination should be done on the grounds of religion, race, caste, sex or place of birth in cases of adoption and guardianship in the spirit of Articles 14, 15, 21, 44 of the Constitution and several international conventions. Upadhyay said that even after 73 years of Independence and 71 years of India becoming a democratic republic, Muslims, Chris tians and Parsis don’t have adoption laws. “Due to lack of a common-law for all, Muslims, Christians, Parsis approach the court under the Guardians and Wards Act 1890. Muslims, Chris tians and Parsis can take a child under the said Act only under foster care. Once such a child becomes major, he can break all his relations,” his plea said.
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