Adoption Under The Juvenile Justice Act, 2015
- IJLLR Journal
- Dec 31, 2024
- 1 min read
Disha Singhal, Symbiosis International University, Pune
ABSTRACT
The concept of adoption in India has evolved from a spiritual and lineage- based practice into a modern, secular legal process focused on child welfare. Historically rooted in Hindu customs and practices, adoption was initially confined to religious and familial duties, particularly ensuring the continuation of a male lineage. However, societal progress and legislative reforms paved the way for a broader and more inclusive understanding of adoption. The Juvenile Justice (Care and Protection of Children) Act, 2015 revolutionized adoption in India, ensuring uniformity across religions and aligning domestic laws with global standards like the United Nations Convention on the Rights of the Child. This paper examines the JJ Act's provisions governing domestic and inter-country adoption, focusing on key procedural mechanisms such as the Child Adoption Resource Information and Guidance System (CARINGS) and the role of the Central Adoption Resource Authority (CARA). Landmark judicial pronouncements, such as Shabnam Hashmi v. Union of India and Laxmi Kant Pandey v. Union of India, further underscore the secular nature of adoption and the safeguards to protect children’s rights. Despite the legal advancements, challenges persist. Issues such as procedural delays, socio-cultural stigmas, and difficulties in inter-country adoptions highlight areas needing reform. This study critically analyzes these challenges while emphasizing the importance of transparency, accountability, and child-centric adoption practices under the JJ Act, 2015.
Keywords: Adoption, Child Welfare, Procedure, Orphaned and Surrendered Children, Secular Framework, Guardianship, Inter-country Adoption, CARA
