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.
This story is from the February 15, 2021 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the February 15, 2021 edition of India Legal.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
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
