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A couple have adopted a girl child as per Christian personal law. The couple stating Section 56(3) of the Juvenile Justice Act 2015 and certain provisions of the Adoption Regulations 2017 to be Arbitrary approached the Jharkhand High Court. Section 56(3) of JJ Act states, "Nothing in this Act shall apply to the adoption of children made under the provisions of the Hindu Adoption and Maintenance Act 1956". This exemption has been challenged by the petitioners on the ground it is discriminatory on religious grounds for the people of Christian community.
In this case the petitioners adopted an infant, immediately after birth. The mother of the child was a minor girl. The petitioners stated that they got in contact with the child’s mother through her aunt, since June 2017 the child has been under their custody. In the meantime the Jharkhand police investigated several cases of baby selling. The petitioners came under the scanner of police & since they had not followed the procedure of adoption as per JJ Act 2015 while adopting the infant, the Child Welfare Committee took away the infant from the couple’s custody.
Counsel appearing on behalf of the petitioner pointed that the Adoption Regulations 2017 permits adoption only through adoption agencies&do not recognise adoption by inter-personal arrangements. However, any adoption if done as per inter-personal arrangements in accordance with Hindu Adoption and Maintenance Act are exempted from JJ Act as per Section 56(3). The petitioners alleging this to be discriminatory approached the court. The petitioner also challenged this to constitutionally not valid – violating Sec 14 of the Indian Constitution. The court admitted the matter and has issued notice to ASG of India. The matter is next listed on 1st March 2019.
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