Law preventing adoption of kids of same sex is okay: HC

And even if the conditions in the Act had to be relaxed, in view of the welfare of abandoned children, the judges observed, it was the job of the Parliament. “We cannot grant such an indulgence. The parliament may re-examine the issue and provide a solution, especially having regard to the problem of destitute children.” The judges today signed the certified copy of the order, three months after the matter was finally heard in the first week of September.

The Pune-based Kulkarni couple, who have two sons by natural birth and had adopted a girl wanted to “complete their family” by adopting another. However, while they were in the process of adopting the second child, they were told that they could not do so due to the restrictions laid down in section 11 of the Hindu Adoption and Maintenance Act. Therefore, they decided to become the guardians of the second child under the Guardians and Wards Act, 1890. But, this status imposed severe restrictions on their parentage. For example, the second `daughter’ cannot assume the Kulkarni name and will have no right of inheritance. The couple had to take formal permission of the orphanage for taking her out of Pune. Hence, the couple ultimately moved High Court in 1994 praying for legal parenthood. The judges recognised Kulkarnis’ right to decide their size of the family.

“Petitioner’s counsel Anand Grover has said the Act is violative of Article 21 of the Constitution, which deals with Right to Life which in turn includes right to decide the size of the family. But, right to life has many facets. And every facet and personal desire cannot be accommodated in this Act.” The judges endorsed the argument of Additional Solicitor General Rafique Dada, who represented the Union of India. According to Dada, “A person could have any number of biological children, by grace of God. That does not render support to a claim of unlimited children by way of adoption.”