Ios Assignment
Anuj Kumar Singh
(Answer 1)
The Juvenile justice act,2000 (Care and Protection of Children) was passes with the object of
providing for proper care, protection and treatment of juveniles in conflict with the law and
children in need of care and protection with the ultimate aim of their rehabilitation.
Adoption, as one of many other modes of rehabilitation under the JJ Act,2000, and was
affirmed by the Supreme Court in the Shabnam Hashmi Case, reflect legislative and judicial
support for making adoption a secular act and independent of the religion of the person
adopting . Though the JJ Act 2000 grants the right to all Indian Citizens, including Christians
and Muslims, to adopt and confers the same right as biological children have on the adopted
child, it lacks clarity as to the application of succession law with respect to adopted children
receiving inheritance rights in property.
The question remains open as to the applicability of the ISA 1925 in respect of devolution of
inheritance rights in property. The court should thus enable a “Gender just Law”. Personal
beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions
of an enabling statute.
Also the court can declare the Right of a child to be adopted and that of the prospective
parents to adopt be declared a fundamental right under Article 21 of the Constitution.
(Answer2)
Adoption is a good solution, not only to childless couples but also for homeless
children.
Enabling a parent-child relationship between people who are not biologically
related.
Section 41 of the JJ Act 2000 states that the court is empowered by section 41 of the act to
allow a child to be given in adoption to the following persons:
Firstly, a person irrespective of his/her marital status.
Secondly, the parents to adopt a child of the same sex irrespective of the number of existing
biological sons or daughters.
Thirdly, the childless couples
So, it can’t be denied that it is a secular legislation only under which any person can adopt a
child of orphan, abandoned, and surrendered child irrespective of his/her religion. It is more
children oriented unlike other legislation.
Therefore, a Hindu married couple can adopt a child under JJ Act 2000, even though they
have a biological child or not.
