Adoption cases and caste certificate

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

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.

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. 

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? 

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

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