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The juvenile justice act 2000 in india, focusing on adoption as a means of rehabilitation for children in conflict with the law and in need of care and protection. The legislative and judicial support for adoption, the applicability of succession law to adopted children, and the potential declaration of adoption as a fundamental right under article 21 of the indian constitution. The document also highlights the secular nature of the legislation and its benefits for both childless couples and homeless children.
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(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.