Volume 9 | Issue 3 | Nov 2024

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 Abstract

Adoption serves as a vital legal and social mechanism that facilitates the formation of families, transcending biological connections to create bonds grounded in love and commitment. This paper examines the evolution of adoption within Hindu jurisprudence, transitioning from traditional rituals to contemporary rights-based frameworks. Historically, adoption in Hindu law was seen as a sacramental act with profound religious significance. However, the enactment of the Hindu Adoption and Maintenance Act (HAMA) of 1956 marked a significant shift, establishing adoption as a secular legal process governed by statutory provisions. This study analyzes the implications of HAMA on the rights of adoptive parents and adopted children, highlighting issues of gender inequality, the limited scope of eligibility, and the exclusion of non-Hindu communities from its purview. By exploring key legal cases and the role of regulatory bodies like the Central Adoption Resource Authority (CARA), the paper underscores the ongoing challenges and lacunae in the existing framework. Ultimately, it calls for reforms to promote equitable adoption practices that align with modern human rights standards, ensuring the welfare of children and the rights of all prospective parents within the diverse tapestry of Indian society.

 Keywords

Adoption, Hindu jurisprudence, gender inequality, lacunae, personal laws

 Authors and Affiliations

Anuja Pimpalapure
LL. B Department of Law, Dr. Harisingh Gour Central University,Sagar, Madhya Pradesh,India
Ashwani Kumar
LL. B Department of Law, Dr. Harisingh Gour Central University,Sagar, Madhya Pradesh,India
Vishnu Kuntal
LL. B Department of Law, Dr. Harisingh Gour Central University,Sagar, Madhya Pradesh,India

 References

Primary Legislation
Hindu Adoptions and Maintenance Act, Act No. 78 of 1956, India.
Ministry of Women and Child Development. Central Adoption Resource Authority Guidelines, CARA, India, 2021.
The Juvenile Justice (Care and Protection of Children) Act, Act No. 2 of 2016, India, for cross- reference on adoption rights across communities.
Notable Case Law
Laxmi Kant Pandey v. Union of India, AIR 1984 SC 469 – Establishing principles for child welfare in adoption.
Shabnam Hashmi v. Union of India, AIR 2014 SC 1281 – Permitting adoption rights under secular laws.
Sawan Ram v. Kalawanti, AIR 1975 SC 136 – Clarifying inheritance rights of adopted children.
Dev Gonda Ray Gonda Patil v. Shyam Gonda Ray Gonda Patil, AIR 1978 SC 692 – Discussing property rights of adopted children in the Hindu joint family.
Vijayalakshamma v. B.T. Shankar, AIR 1956 SC 490 – Recognizing women’s rights in adoption, especially for widows.
Ancient and Historical Texts
Manusmriti: Foundational text with guidelines on adoption. Various translations, with G. Bühler's translation considered authoritative.
Dharmashastra: Various Smritis including Yajnavalkya Smriti, Narada Smriti – detailing the role of sons and inheritance through adoption.
Olivelle, Patrick. Manusmriti: The Laws of Manu. Oxford University Press, 2004.
Scholarly Articles and Law Journals
Bajpai, Asha. “Adoption Law and Practice: A Review of Hindu Adoption in India.” Indian Journal of Family Law, vol. 3, no. 2, 2018, pp. 85-105.
Saxena, Poonam Pradhan. “Hindu Adoption Law: A Comparison with Contemporary Practices.” Journal of Indian Law and Society, vol. 5, 2014, pp. 203-220.
Mohan, Chitra. “Adoption, Gender, and Family Law: A Critical Analysis of the Hindu Adoption and Maintenance Act, 1956.” Indian Law Review, vol. 7, no. 3, 2020, pp. 187-205.
Narayan, Uma. "Gender and Justice in Hindu Adoption Laws." Journal of Legal Pluralism and Unofficial Law, vol. 19, 1988, pp. 89-104.
Books and Legal Commentaries
Diwan, Paras. Family Law in India, 2nd ed., Allahabad Law Agency, 2012. This provides a comprehensive analysis of family laws, including adoption.
Sharma, B.K. Hindu Law of Adoption, Delhi Law House, 2016.
Rao, Mamta. Law Relating to Women and Children, 4th ed., Eastern Book Company, 2020 covering gender perspectives in adoption laws.
Kuppuswami, B. The Hindu Adoption and Maintenance Act: A Legal Commentary, Universal Law Publishing, 2019 – detailed commentary on provisions and their application.
Reports and Policy Documents
National Commission for Protection of Child Rights (NCPCR). Report on the Rights of Adopted Children in India, NCPCR, New Delhi, 2019.
United Nations Children’s Fund (UNICEF). Adoption Policies in India and Child Welfare Perspectives, 2017.
Central Adoption Resource Authority (CARA). Annual Report on Adoption Trends and Child Welfare Standards, Ministry of Women and Child Development, India, 2020.
International Conventions
Convention on the Rights of the Child, United Nations, 1989 – provides guidelines on child rights relevant to adoption.
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, May 29, 1993 – essential for understanding standards in inter-country adoptions affecting Indian adoptees.
Additional Case Studies and Comparative Law
Khanna, Sunil. “A Comparative Study of Adoption Laws: India and International Standards.” Asian Journal of Comparative Law, vol. 8, no. 1, 2013, pp. 93-112.
Tandon, Anuja. “Reforming Adoption Laws: A Comparative Study of Hindu and Non-Hindu Adoption Laws in India.” Columbia Journal of Law and Social Problems, vol. 41, 2019, pp. 65-90.

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