Framing the issue

One sympathises with the predicament of Babu Joseph8217;s friends 8216;Born of discrimination8217;, IE, August 9 which has arisen becau...

One sympathises with the predicament of Babu Joseph8217;s friends 8216;Born of discrimination8217;, IE, August 9 which has arisen because there is no law in India which allows them to adopt. Joseph, therefore, puts forward a plea for a law which will allow Christians to adopt.

Four different attempts have been made to secure an adoption law for all Indians. On three occasions, the Congress was in power and the opposition to the bills was more vociferous than the support. The last was a bill passed by the Maharashtra legislature in 2003. It had come up for presidential assent. Such assent is required as the states cannot amend personal laws on their own. But the NDA government advised President K.R. Narayanan against it and the bill was rejected. At the moment, then, there is only an Hindu Adoption Act. Whom does it benefit?

Joseph is wrong on some points about the Hindu Adoption Act HAA. Section 21 says that this Act applies to i Hindus, including Virashaivas, Lingayats, followers of Bramho, Prarthana or Arya Samaj; ii to Buddhist, Jain and Sikh iii and to any person who is not a Christian, Muslim, Parsi or Jew unless it is proved that he is not governed by Hindu law.

The definition does not say anywhere that anyone who is not Muslim or Christian is a Hindu. Adoption is an entirely voluntary act. No one can be required to adopt. Persons who wish to adopt may use the third clause and claim the benefit of the Act.

The problem that is faced by Joseph8217;s friends arises not because of the way the HAA is worded. It arises because there is no Indian Adoption Act. The discrimination is against all Indians. The HAA has gone miles ahead of the shastric Hindu adoption. Now, girls can be adopted, a single person and a single woman can adopt. The adopted child need not be of one8217;s own caste or clan 8212; it can be a foundling. In 1955, the law might have been abreast of times. Now, it needs changes.

Joseph has already pointed out the flaw in religion-based identity in a secular state. For that very reason, religion-wise laws on adoption are undesirable. They will not help orphans and foundlings. They will only complicate the issue. What we need is a single adoption law for all Indians. Individuals who can satisfy the legal requirements must be allowed to adopt children who are foundlings and orphans. The child will then acquire the religion of his or her parent and will inherit as if it was a biological child. This, incidentally, was what the Maharashtra Act suggested.