By M Reyaz, TwoCircles.net,
New Delhi: Expressing her happiness on the judgment of the Supreme Court that has opened scope for minorities to seek adoptions legally, social activist and petitioner in this case Shabnam Hashmi has termed the judgment as “landmark,” although she pointed out that she had expected lot more. “I wanted a lot more, nevertheless it is a landmark judgment,” she told TCN.
While disposing the 2005 petition of Hashmi on February 19, a bench of Chief Justice P. Sathasivam, Justice Ranjan Gogoi and Justice Shiva Kirti Singh allowed the adoption under the amended juvenile justice law.
The court noted that the Juvenile Justice Act, 2000, as amended in 2006, is an enabling legislation that gives a prospective parent the option of adopting an eligible child by following the procedure prescribed by the act, rules and the Central Adoption Resource Agency (CARA) guidelines.
Pointing that the judgement will now allow minorities, particularly the Muslims, to adopt, Hashmi told TCN, “Till this judgment came, we did not have any legal options for non-Hindus to adopt. None of the civil laws were there.”
She said that even she was not much aware of the laws till she adopted a daughter 17 years ago. “I had adopted a daughter 17 years ago and it was at that time that realised that non-Hindus can only get guardianship. And the legal relationship of that guardianship is till the time that the child becomes an adult, which is 18 years for a boy and 21 years for a girl.”
Terming the precedence so far followed “extremely problematic and extremely insensitive,” she elaborated that when you raise a child you get emotionally attached to her, and no one can take way that rights; yet legally a child cannot even write the names of the parents after he/she becomes an adult.
Her main argument in the court was that every child in India should have the right to family, explaining that often the child adopted is too young at the time of adoption and does not know about biological parents, adding that its “highly insensitive” to not even let them write the ‘adoptive’ parents’ name.
Expressing her dismay on the opposition of the All India Muslim Personal Law Board (AIMPLB), she said, “I think they are sadly mistaken because I think that the Supreme Court has given a judgement which would have made them happy in fact,” adding, “It is not infringing upon the Muslim laws at all.”
Shabnam Hashmi
Hashmi pointed out that the SC has not given any separate law, but only expanded the scope of the existing law (JJ Act) for people of all communities to adopt,” adding, “It is an optional law, no one can force anyone to adopt. Muslims want to follow Muslim laws, no one is stopping them. At the same time as the Supreme Court said that Muslim Personal Laws cannot curtail a citizen from adopting.”
Hashmi said that she would have understood the displeasure of the AIMPLB if the Apex Court had made adoption a fundamental right, as she had originally demanded. Reiterating that the judgement is not infringing upon Muslim laws, she expressed unhappiness saying, “I think they are mistaken by appealing against it.”
The three Judge bench had also said, “To us, the (juvenile justice) act is a small step in reaching the goal enshrined by article 44 of the constitution. Personal beliefs and faiths, though must be honoured, cannot dictate the operation of the provisions of an enabling statute.”
Article 44, under the directive principles of state policy, says that the state shall endeavour to secure a uniform civil code for all people throughout India.
The reference to the “Uniform Civil Code” too had angered the Muslim groups. SQR Ilyas, General Secretary of the Welfare Party of India, who is also a member of the AIMPLB, had criticised the reference as “unnecessary and uncalled for.”
Asked about her opinion on the reference to Uniform Civil Code, she said, “I think that the Muslim groups are not understanding what the Court is saying because the Court clearly said that unless the communities themselves are ready for it, they cannot bring a uniform civil code. So it is actually agreeing with them.”
Related:
Muslims can adopt child under juvenile justice law: SC
The dilemma over adoption continues even after SC judgement