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.
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