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- In the case of Shabnam Hashmi v Union of India, the Supreme Court of India affirmed that adoption is a fundamental right accessible to all citizens, regardless of caste, creed, or religion, under the Juvenile Justice (Care and Protection) Act of 2000.
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Aug 17, 2024 · This article provides an in-depth analysis of the landmark case of Shabnam Hashmi vs. Union of India & Ors (2014) and the adoption laws of India. This article further delves into the applicability of the Juvenile Justice Act, 2000, in matters of adoption.
- Rachit Garg
Oct 12, 2023 · In the case of Shabnam Hashmi v Union of India, the Supreme Court of India affirmed that adoption is a fundamental right accessible to all citizens, regardless of caste, creed, or religion, under the Juvenile Justice (Care and Protection) Act of 2000.
M/S Shabnam Hashmi vs Union Of India & Ors on 19 February, 2014. Equivalent citations: AIR 2014 SUPREME COURT 1281, 2014 AIR SCW 1329, 2014 (2) AKR 185, AIR 2014 SC (CIVIL) 969, 2014 (2) ABR (CRI) 34. Author: Ranjan Gogoi. Bench: Shiva Kirti Singh, Ranjan Gogoi, P. Sathasivam.
- Background
- Facts
- Issues Raised
- Arguments
- Judgment
- Case Comments
Political Background
It is an Indian Social Activist and human rights campaigner. She started her social activism campaigning about adult literacy in 1981. Since 1989, she has spent most of her time in combating communal and fundamentalist forces in India. In 2003 she was one of the founders of ANHAD which administers. It’s FCRA license was cancelled based on inputs from intelligence agency for using foreign funding to work against the public interest. She has campaigned against communalism and violation of human...
International background-
In Unites States, through ICA, the legal transfer of parental rights from birth parents takes place. ICA opens another pathway to children to receive he care, security and love that only a permanent family can provide. Adoption was unknown to common law, and is a creature of statute, the first of which was the Adoption of Children Act, 1926, now replaced by the Adoption Act, 1976. The English Court only has the jurisdiction, if the applicant, is in any part of the United Kingdom and the child...
Judicial Background
Adoption is always been a very crucial subject of discussion. In the regard Bomabay High Court and the Kerala High Court in various cases have explained the importance of adoption and right to adopt a child. The Hon’ble Supreme Court in this case have referred Article 21 and Article 44 of the Constitution. The Hon’ble Court has explained the importance of fundamental rights and right to have adopted child.
1. Specific guidelines were needed for adoption. 2. Shabnam Hashmi, is an Indian Social Activist and human rights campaigner. She started her social activism campaigning about adult literacy in 1981. 3. She has filed a writ petition under Article 32 of the Constitution.. 4. She has requested the court to lay down optional guidelines enabling adopti...
1. Whether adoption of a child is a fundamental right. 2. In case of contradiction between personal law and secular law, what is going to be prevailed. 3. Whether caste, creed and religions affects the adoption procedure.
Peitioner’s argument
1. Petitioner requested the court to lay down optional guidelines enabling adoption of children by persons irrespective of religion, caste, creed etc. And further for a direction to the respondent Union of India to enact an optional law the prime focus of which is the child with considerable like religion etc. taking a hint seat. 2. It was also highlighted that as per guidelines of 2011 and JJ Rules, 2017 there is undue delay in processing of adoption cases at the level of Child Welfare Commi...
Respondent’s argument
1. It is contented that Islamic Law doesn’t recognize an adopted child to be at par with a biological child. As per Islamic law, it processes what is known as the “Kafala” system under which the child is placed under a ‘Kafil’ who provides for the well being of the child remains the true descendant of his biological parents and not that of the”adoptive” parents. 2. It was also contended that this system is recognized in UN Convention on Rights of the Child and therefore, directions should be...
It will now be relevant to take note of the stand of the Union of India. Way back on 15thMy, 2006 the Union in its counter affidavit had informed the court that prospective parents, irrespective of their religious background, are free to access the provisions of the Act for adoption of Children after following the procedure prescribed. The progress...
No dobut that Adoption is a secular concept. It gives birth to a huge responsibility on adoptive parents and also it is a big change for adoptive child. In our society religion plays a very big role in each and every aspect. In adoption, Adoptive Child will follow all the religion, customs, traditions, values of the adoptive family as a secular con...
The Union of India, in its counter-affidavit, informed the Court that prospective parents, irrespective of their religious background, are free to access the provisions of the Act for adoption of children after following the prescribed procedure.
DATE : 19/02/2014 This matter was called on for. pronouncement of judgment today. For Appellant(s) Ms. Jyoti Mendiratta,Adv.
Dealing with inter-country adoptions, elaborate guidelines had been laid by this Court to protect and further the interest of the child. A regulatory body, i.e., Central Adoption Resource Agency (for short ‘CARA’) was recommended for creation and accordingly set up by the Government of India in the year 1989.
