SHABNAM HASHMI versus UNION OF INDIA & ORS.

SHABNAM HASHMI versus UNION OF INDIA & ORS.

The Juvenile Justice (Care and Protection of Children) Act, 2000 (as amended) is a secular, enabling law permitting adoption irrespective of religion, but does not make adoption a fundamental right under the Constitution. The Act does not compel anyone to adopt in contravention of personal law; individuals may access secular adoption if they so choose. Elevating adoption to a fundamental right must await further social concord, as current diverse beliefs and personal laws preclude such a declaration. The prayers for guidelines or optional law have been met by existing statutes and rules; further directions for strict implementation have been given.

Parties
Petitioner: Shabnam Hashmi; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
19 February 2014
Procedural Posture
Writ Petition (civil) / Final Decision on Merits
Outcome
Writ petition disposed of.
Legal Topics
Adoption, Juvenile Justice (care and Protection of Children) Act, Fundamental Rights, Personal Laws, Uniform Civil Code
Constitutional Law Family Law Child Welfare Law Adoption Juvenile Justice (care and Protection of Children) Act Fundamental Rights Personal Laws Uniform Civil Code

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Parties

Shabnam Hashmi

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) / Final Decision on Merits

Legal Issues

  1. 1 Whether adoption is a fundamental right under Part III of the Constitution of India
  2. 2 Whether there should be guidelines or an optional law for adoption irrespective of religion, caste, or creed
  3. 3 Implementation of secular adoption under the Juvenile Justice (Care and Protection of Children) Act, 2000

Ratio Decidendi

The Juvenile Justice (Care and Protection of Children) Act, 2000 (as amended) is a secular, enabling law permitting adoption irrespective of religion, but does not make adoption a fundamental right under the Constitution. The Act does not compel anyone to adopt in contravention of personal law; individuals may access secular adoption if they so choose. Elevating adoption to a fundamental right must await further social concord, as current diverse beliefs and personal laws preclude such a declaration. The prayers for guidelines or optional law have been met by existing statutes and rules; further directions for strict implementation have been given.

Court Disposition

Writ petition disposed of.

Orders

  • The Juvenile Justice (Care and Protection of Children) Act, 2000 provides optional, secular adoption; those wishing to follow personal law may do so.
  • Union of India, States, Union Territories and authorities under the JJ Act, 2000 are directed to implement Section 41 and follow the CARA guidelines as notified.