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Moses   07 August 2020

Adoption cases and caste certificate

Sir/Madam,

I have two queries or issues as follows.

A Christian unmarried woman got/received a newborn baby from an unknown couple without any legal/documentation twenty-eight years back. All his study certificates (like tenth to graduation) contain his non-biological mother's name (unmarried Christian women who have grown up the baby).

1. Now, what is the legal status of the baby now ( He is twenty-eight years at present) ? and If they want to get legality from the court at this moment after 28 years, what type of case and on what grounds can a case be filed?

2. Which caste certificate the boy gets? Is he eligible to get a caste certificate based on the caste of his non-biological mother (OBC) who has grown up him? ( As there is no data of original parents available and their survival status as of now and boy do not have any caste certificate till date and applied all study and job applications under unreserved category)



Learning

 6 Replies

Moses   07 August 2020

Thank you sir, but the revenue authorities are not issuing the caste certificate without the proof of adoption.

Dr J C Vashista (Advocate)     08 August 2020

Acting on a petition by Muslim social activist Shabnam Hashmi, finally Supreme Court struck down the objection and made clear that any person can adopt a child irrespective of their religion, and even if the personal laws of their faith forbids it. (Hashmi first challenged the law in 2005 when she became guardian to a one-year-old girl.)

“The [Juvenile Justice] Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption,” said the judgment, stressing that while personal beliefs are important, they cannot dictate the “operation of the provisions of an enabling statute.”

“In many parts of the country, adoption was not being done even after 2006. Courts were very confused,” says Colin Gonsalves, a human rights lawyer who represented Hashmi. “This judgment strengthens the secular law while making it clear that it is an enabling law. There is no compulsion on any community to follow it.”

Adoption is recognized by the Hindus and is not recognized by Muslims, Christian and Parsis. Adoption in the Hindus is covered by The Hindu Adoptions Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956. Prior to this Act only a male could be adopted, but the Act makes a provision that a female may also be adopted. This Act extends to the whole of India except the state of Jammu and Kashmir. It applies to Hindus, Buddhists, Jainas and Sikhs and to any other person who is not a Muslim, Christian, Parsi by religion.
Adoption is recognized by the Hindus and is not recognized by Muslims, Christian and Parsis. Adoption in the Hindus is covered by The Hindu Adoptions Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956. Prior to this Act only a male could be adopted, but the Act makes a provision that a female may also be adopted. This Act extends to the whole of India except the state of Jammu and Kashmir. It applies to Hindus, Buddhists, Jainas and Sikhs and to any other person who is not a Muslim, Christian, Parsi by religion.

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P. Venu (Advocate)     08 August 2020

There could be exceptional situations, as in the instant case, facts do not fall within the corners of the enacted law. Justice requires that the orphan child brought up by the OBC mother be recognized as belonging to the same community. The situation is beyond the officialese which guides the bureaucracy. You need to approach a Constitutional Court,   i.e. the High Court or the Supreme Court. 

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Moses   09 August 2020

Originally posted by : Dr J C Vashista
Acting on a petition by Muslim social activist Shabnam Hashmi, finally Supreme Court struck down the objection and made clear that any person can adopt a child irrespective of their religion, and even if the personal laws of their faith forbids it. (Hashmi first challenged the law in 2005 when she became guardian to a one-year-old girl.)

“The [Juvenile Justice] Act 2000 is a secular law enabling any person, irrespective of the religion he professes, to take a child in adoption,” said the judgment, stressing that while personal beliefs are important, they cannot dictate the “operation of the provisions of an enabling statute.”

“In many parts of the country, adoption was not being done even after 2006. Courts were very confused,” says Colin Gonsalves, a human rights lawyer who represented Hashmi. “This judgment strengthens the secular law while making it clear that it is an enabling law. There is no compulsion on any community to follow it.”

Adoption is recognized by the Hindus and is not recognized by Muslims, Christian and Parsis. Adoption in the Hindus is covered by The Hindu Adoptions Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956. Prior to this Act only a male could be adopted, but the Act makes a provision that a female may also be adopted. This Act extends to the whole of India except the state of Jammu and Kashmir. It applies to Hindus, Buddhists, Jainas and Sikhs and to any other person who is not a Muslim, Christian, Parsi by religion.
Adoption is recognized by the Hindus and is not recognized by Muslims, Christian and Parsis. Adoption in the Hindus is covered by The Hindu Adoptions Act and after the coming of this Act all adoptions can be made in accordance with this Act. It came into effect from 21st December, 1956. Prior to this Act only a male could be adopted, but the Act makes a provision that a female may also be adopted. This Act extends to the whole of India except the state of Jammu and Kashmir. It applies to Hindus, Buddhists, Jainas and Sikhs and to any other person who is not a Muslim, Christian, Parsi by religion.

Thank you for the reply sir. So, sir, can I approach the court for a declaration of adoption under the JJ Act 2000 now, i.e after the lapse of 28 years? 

Sudhir Kumar, Advocate (Advocate)     22 August 2020

You say it was adoption without documents so there was no adoption at all.

A Christian unmarried woman got/received a newborn baby from an unknown couple without any legal/documentation twenty-eight years back.

Read more at: https://www.lawyersclubindia.com/forum/adoption-cases-and-caste-certificate-211807.asp
A Christian unmarried woman got/received a newborn baby from an unknown couple without any legal/documentation twenty-eight years back.

Read more at: https://www.lawyersclubindia.com/forum/adoption-cases-and-caste-certificate-211807.asp

Isaac Gabriel (Advocate)     01 September 2020

At the outset, filing writ petition shall be the only remedy in the circumstaces stated by you.


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