Adotpion / gaurdianship of step son

This query is also posted at:

https://www.lawyersclubindia.com/experts/Adoption-of-step-child-guardianship-610116.asp

SC grants Muslims right to adopt, overriding personal law

The Supreme Court has granted a Muslim petitioner the right to adopt a child despite Muslim personal law prohibiting adoption.

The eight-year-old writ was filed by petitioner Shabnam Hashmi, a "public spirited individual" in the words of Justice Ranjan Gogoi, who wanted the Supreme Court to declare his right to adopt under Article 32 of the Constitution, which gives the apex court the power to issue directions to enforce rights under the constitution.

The bench of Chief Justice of India (CJI) P Sathasivam, Gogoi and Justice Shiva Kirta Singh did not articulate a fundamental right to adopt, which would "have to await a dissipation of the conflicting thought processes in this sphere of practices and belief prevailing in the country".

However, considering the Juvenile Justice (Care And Protection of Children) Act, 2000 and rejecting the arguments of the All India Muslim Personal Law Board, which was made party to the case, the bench said:

an optional legislation that does not contain an unavoidable imperative cannot be stultified by principles of personal law which, however, would always continue to govern any person who chooses to so submit himself until such time that the vision of a uniform Civil Code is achieved

Is it the same decision;

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 470 OF 2005

SHABNAM HASHMI ... PETITIONER(S)

VERSUS

UNION OF INDIA & ORS. ... RESPONDENT (S) 

https://judis.nic.in/supremecourt/imgs1.aspx?filename=41234

11......................................'At the cost of repetition we would like to say that an optional legislation that does not contain an unavoidable imperative cannot be stultified by principles of personal law which, however, would always continue to govern any person who chooses to so submit himself until such time that the vision of a uniform Civil Code is achieved.'

13........................'The legislature which is better equipped to comprehend the mental preparedness of the entire citizenry to think unitedly on the issue has expressed its view, for the present, by the enactment of the JJ Act 2000 and the same must receive due respect. Conflicting view points prevailing between different communities, as on date, on the subject makes the vision contemplated by Article 44 of the Constitution i.e. a Uniform Civil Code a goal yet to be fully reached and the Court is reminded of the anxiety expressed by it earlier with regard to the necessity to maintain restraint. All these impel us to take the view that the present is not an appropriate time and stage where the right to adopt and the right to be adopted can be raised to the status of a fundamental right and/or to understand such a right to be encompassed by Article 21 of the Constitution.................................................can be best understood to have been rendered in the facts of the respective cases. ....................................................We hardly need to reiterate the well settled principles of judicial restraint, the fundamental of which requires the Court not to deal with issues of Constitutional interpretation unless such an exercise is but unavoidable.

14. Consequently, the writ petition is disposed of in terms of our directions and observations made above. '.

The matter in question before apex court,seems to be child/juvenile.

The apex court has pointed out the need of a Uniform Civil Code.

Once such code provides for adoption equivalent to as in case of a Hindu the adotion amongst Muslims may also be as recognized in the Hindu System.

Hindu system also lays down adotion of child and upto certain age................................and the adoptee might be known son of another person.

Under Guardians and wards act, the Adoption, can take place from an orphanage, with permission from the court.

Acknowledgement of paternity under Muslim Law is the nearest approach to adoption........................here acknowledgement contains that the acknowledgee must not be known son of another.

The learned persons from community of author and counsels well versed with such matters can guide further.

As posted in other thread at the follwoing link, the post are with limited understanding on the matter:

https://www.lawyersclubindia.com/experts/Adoption-of-step-child-guardianship-610116.asp

my view is:

adoption is humanity basis only not relious basis; once religion taught us to be humane; but if it denies, your cosciousness being supreme it can make its own humane decision under Art 14 why court need to interfere and say sir.