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Family LawSupreme Court of India

Shabnam Hashmi v. Union of India and Others

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 470 of 2005)Decided 19 Feb 2014
Writ Petition (Civil) No. 470 of 2005
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice Shiva Kirti Singh

Background

A public-interest petitioner sought recognition of adoption as a fundamental right and a child-centred adoption framework open to people of every religion. Legislative changes during the case had introduced a secular adoption route under the Juvenile Justice law. A personal-law body argued that adoption had to remain subject to its religious principles.

Decision Breakdown

The Supreme Court held that eligible prospective parents could choose the statutory adoption route by following the Act, rules and notified adoption guidelines. Personal-law beliefs could not prevent the operation of that optional law for someone choosing to use it, while nobody was compelled to adopt through it. The Court nevertheless declined to declare a fundamental right to adopt or be adopted at that stage. It disposed of the petition on that distinction between the available statutory option and the broader constitutional declaration requested.

Lesson Learnt

A person's religion does not by itself bar use of the secular adoption framework considered here. Access remains subject to the statutory eligibility and child-protection procedures, and this judgment did not establish an unconditional fundamental right to adopt.

Shabnam Hashmi v. Union of India and Others – Legal Case Shots | LegalAware