From Guardianship To Secular Adoption: The Evolution Of Adoption Law In India
- IJLLR Journal
- 2 hours ago
- 2 min read
Dr. Ankana Bal, Amity Law School, Noida
ABSTRACT
Adoption in India has historically been governed by religious personal laws, resulting in an uneven legal framework where only certain communities, particularly Hindus, possessed a statutory right to adopt. For others, adoption was not legally recognised, and guardianship under the Guardians and Wards Act, 1890 functioned as the closest legal alternative. However, guardianship created only a temporary guardian–ward relationship and did not grant the adopted child the legal status of a biological child. Over time, the limitations of this framework and the growing emphasis on child welfare led to demands for a secular adoption regime applicable to all communities in India.
This article traces the historical evolution of India’s secular adoption framework and analyses the gradual transition from a guardianship-based system to a comprehensive statutory adoption regime. It examines early legislative attempts to introduce a uniform adoption law, including the Adoption of Children Bills of 1972 and 1980, which ultimately failed due to socio-religious concerns. The article also highlights the crucial role played by judicial intervention, particularly the Supreme Court’s decision in Laxmi Kant Pandey v. Union of India, which established procedural safeguards for inter-country adoption in the absence of a comprehensive statutory framework.
The study further explores the transformation brought about by the enactment of the Juvenile Justice (Care and Protection of Children) Act, 2000 and its subsequent reforms, culminating in the Juvenile Justice (Care and Protection of Children) Act, 2015. These legislative developments, along with detailed procedural rules and adoption regulations, established a modern, secular adoption system grounded in the principle of the best interests of the child. The recognition of the right to adopt irrespective of religion, affirmed in Shabnam Hashmi v. Union of India, further strengthened the secular character of India’s adoption regime.
By analysing legislative developments, judicial pronouncements, and regulatory frameworks, this article demonstrates how India has progressively moved from a fragmented guardianship-based system to a structured and child-centred secular adoption framework that aligns with international child
rights standards.
Keywords: Guardians and Wards Act, Juvenile Justice Act, 2000, Laxmi Kant Pandey case, Shabnam Hashmi case, Child Welfare, Adoption Regulations.
