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Friday, February 26, 2021

SC seeks Centre response to plea for uniform adoption laws

A bench headed by Chief Justice of India S A Bobde issued notice on the plea by advocate Ashwini Upadhyay and posted it along with another plea seeking uniform rules for divorce and maintenance for people belonging to all religions.

By: Express News Service | New Delhi |
Updated: January 30, 2021 8:48:51 am
SC on adoption law, Supreme court, Child adoption law, guardianship laws, adoption policy, Indian express newsThe plea also urged the court to direct the Law Commission to prepare a report on 'Uniform Grounds of Adoption & Guardianship' within three months.

The Supreme Court on Friday sought the Centre’s response to a plea seeking uniform adoption and guardianship laws for all citizens irrespective of religious or gender differences.

A bench headed by Chief Justice of India S A Bobde issued notice on the plea by advocate Ashwini Upadhyay and posted it along with another plea seeking uniform rules for divorce and maintenance for people belonging to all religions.

Upadhyay, in his plea filed through advocate Ashwani Kumar Dubey, said that under the prevailing adoption policy, Hindus have a codified law but Muslims, Christians, and Parsis do not and contended that this is discriminatory.

“Adopted child has the right to inherit property under Hindu law but not under the Muslim, Christian and Parsi law. Adopted child by Hindus can become a legal heir whereas adopted child by Christians, Muslim, Parsis cannot,” he pointed out.

He added the adoptive parents can be the natural guardians of the adopted son and his wife under Hindu Law, but not in Muslim, Christian and Parsi Law.

The plea also urged the court to direct the Law Commission to prepare a report on ‘Uniform Grounds of Adoption & Guardianship’ within three months.

Upadhyay sought a declaration that the “discriminatory grounds” of adoption and guardianship are violative of Articles 14, 15, 21 of the Constitution.

“Uniform law of adoption-guardianship will curb dislike and hatred and strengthen tolerance, brotherhood and fraternity. Rights of property, recognition of being legal heir and fundamental right to dignity and equality will be granted to both, adopted child and spouse without gender and religious discrimination. Moreover, multiple personal laws cause delay and cause confusion during judicial adjudication of cases. Thus, a uniform law will control confusion and save precious judicial time also. It will control fissiparous tendencies, promote fraternity, unity and integrity, which is the main aims and objects of the Constitution of India,” said the petition.

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