Author(s): Priyanka Kumari and Bhriguraj Mourya

Abstract: This research article examines the legal framework governing adoption across different personal laws in India. Despite the constitutional mandate of a Uniform Civil Code under Article 44, adoption remains governed by various personal laws, resulting in disparate provisions and practices among different religious communities. This study analyzes the Hindu Adoptions and Maintenance Act, 1956, the Juvenile Justice (Care and Protection of Children) Act, 2015, the Guardians and Wards Act, 1890, and relevant Muslim, Christian, and Parsi personal laws concerning adoption. The research employs doctrinal and comparative methodologies to identify inconsistencies and gaps in the legal framework. Findings reveal significant variations in adoption rights, eligibility criteria, and procedures across different personal laws, with certain communities facing greater restrictions. The study concludes that while recent judicial interpretations and legislative amendments have attempted to harmonize these differences, there remains a need for comprehensive reform to ensure equitable adoption rights for all citizens regardless of religious affiliation, while respecting religious sentiments and constitutional guarantees.

Pages: 303-308 | Views: 53 | Downloads: 38

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