Muslims, too, can adopt children: Apex court

Apex Court says adoption allowed even if personal law prohibits it

The Supreme Court on Wednesday ruled persons belonging to any community, including Muslims, could adopt children even if their personal law prohibited it. The Juvenile Justice (JJ) Act gives a choice to a prospective parent to take the secular route or stick to their personal law.

"The Act does not mandate any compulsive action by any prospective parent," the judgment said, adding the Act left such a person "with the liberty of accessing the provisions of the Act, if he so desires. Such a person is always free to adopt or choose not to do so and, instead, follow what he comprehends to be the dictates of the personal law applicable to him." The judgment said there was no Uniform Civil Code yet, though it was in the Directive Principles of State Polilcy. The Act was a small step towards it. The court was disposing a public interest petition moved eight years ago by social activist Shabnam Hashmi, who wanted to adopt a child but the Muslim personal law stood in her way. She had asked the court to set guidelines for adoption for all communities. The court said, "Personal beliefs and faiths cannot dictate the operation of the provisions of an enabling statute." It said, following an earlier judgment on inter-country adoptions, the government had set up a regulator, the Central Adoption Resource Agency, which had elaborate rules regarding adoption.

Currently, there is no law of adoption covering all communities, though the Hindu law partially grants the right to community members with several conditions. Other communities are not covered under the adoption laws. Efforts of successive governments have been defeated by religious lobbies, leading to the Supreme Court giving a secular twist to the law through various judgments.

The adoption of Indian children by foreigners was made possible by a Supreme Court judgment in the 1980s following allegations of child-trafficking by unscrupulous international agencies.