Analysis Of Adoption Process In Hindu Law
- IJLLR Journal
- Jul 27
- 1 min read
Raj Pandey, CMP Degree College, Prayagraj, (University of Allahabad)
ABSTRACT
This paper presents a comprehensive analysis of adoption law in India, tracing its evolution from a tradition rooted in religious and familial interests to a legal framework that increasingly prioritizes child welfare. The study examines the dual system comprising the Hindu Adoptions and Maintenance Act, 1956, which governs Hindus, Buddhists, Sikhs, and Jains, and the Juvenile Justice (Care and Protection of Children) Act, 2015, a secular statute applicable to all citizens, including non-Hindus. It highlights critical differences in approaches to adoption, eligibility criteria, and the rights conferred upon adopted children, including inheritance and legal status. The role of regulatory bodies such as the Central Adoption Resource Authority (CARA) is evaluated, alongside procedural challenges, social stigma, and persistent barriers to a uniform adoption code. Key case laws are discussed to illustrate judicial interventions in safeguarding children’s interests and preventing exploitation. The paper concludes by recommending reforms aimed at harmonizing conflicting statutes, streamlining adoption processes, strengthening oversight, and ensuring that adoption law in India upholds the paramount principle of the best interests of the child.
Keywords: Adoption, HAMA, Juvenile, CARA, Child Welfare
