Archive for March 2014

ADOPTION UNDER JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT,2000

The Supreme Court has ordered that any person, including members of minority communities like Christians and Muslims can adopt under the provisions of Juvenile Justice (Care and Protection of Children) Act, even though their personal laws do not permit it. Under the personal laws of Christians and Muslims, the adoption rights are limited. Those who adopt children are deemed only to be their guardian and not legal parents and the children cannot inherit property. The biological parents could also claim their rights over the child. Under the Juvenile Justice (Care and Protection of Children) Act, the adopted children have the same rights and responsibilities as biological children. A per the judgement of Supreme Court, a person has the choice to be governed by the secular law or the personal law. The court has further observed that the Juvenile Justice (Care and Protection of Children),2000 Act is a small step towards the idea of a uniform civil code.