Adoption laws in India: Balancing religious personal laws and secular legislations

  • Unique Paper ID: 188692
  • Volume: 12
  • Issue: 7
  • PageNo: 2796-2805
  • Abstract:
  • Adoption in India lies at the intersection of religious personal laws and secular legislations, reflecting the country’s pluralistic legal framework. While Hindu law has long recognized adoption as a sacramental and legal institution, personal laws governing Muslims, Christians, Parsis, and Jews traditionally do not provide for adoption, offering only guardianship under the Guardians and Wards Act, 1890. The enactment of the secular Juvenile Justice (Care and Protection of Children) Act, 2015 introduced a uniform mechanism, enabling individuals irrespective of religion to legally adopt, thereby advancing the child’s right to family care. However, tensions persist between religious autonomy under Articles 25 and 26 of the Constitution and the State’s duty to ensure equality and the welfare of children under Articles 14, 15, and 21. Judicial pronouncements have often attempted to reconcile these competing interests, yet questions of enforceability, cultural sensitivity, and the push towards a potential Uniform Civil Code remain contested. This paper examines the evolution of adoption laws in India, the coexistence and conflict between personal and secular regimes, and the challenges in balancing respect for religious diversity with the need for a uniform child-centric adoption framework. The study argues for a harmonized legal approach that prioritizes the welfare of the child while upholding constitutional values of equality and secularism.

Copyright & License

Copyright © 2025 Authors retain the copyright of this article. This article is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.

BibTeX

@article{188692,
        author = {Shibanee Acharya and Ashish Kumar Mishra and Omkar Acharya},
        title = {Adoption laws in India: Balancing religious personal laws and secular legislations},
        journal = {International Journal of Innovative Research in Technology},
        year = {2025},
        volume = {12},
        number = {7},
        pages = {2796-2805},
        issn = {2349-6002},
        url = {https://ijirt.org/article?manuscript=188692},
        abstract = {Adoption in India lies at the intersection of religious personal laws and secular legislations, reflecting the country’s pluralistic legal framework. While Hindu law has long recognized adoption as a sacramental and legal institution, personal laws governing Muslims, Christians, Parsis, and Jews traditionally do not provide for adoption, offering only guardianship under the Guardians and Wards Act, 1890. The enactment of the secular Juvenile Justice (Care and Protection of Children) Act, 2015 introduced a uniform mechanism, enabling individuals irrespective of religion to legally adopt, thereby advancing the child’s right to family care. However, tensions persist between religious autonomy under Articles 25 and 26 of the Constitution and the State’s duty to ensure equality and the welfare of children under Articles 14, 15, and 21. Judicial pronouncements have often attempted to reconcile these competing interests, yet questions of enforceability, cultural sensitivity, and the push towards a potential Uniform Civil Code remain contested. This paper examines the evolution of adoption laws in India, the coexistence and conflict between personal and secular regimes, and the challenges in balancing respect for religious diversity with the need for a uniform child-centric adoption framework. The study argues for a harmonized legal approach that prioritizes the welfare of the child while upholding constitutional values of equality and secularism.},
        keywords = {Consumer, grievance, ODR, Digital, economy, transactions, e-commerce},
        month = {December},
        }

Cite This Article

  • ISSN: 2349-6002
  • Volume: 12
  • Issue: 7
  • PageNo: 2796-2805

Adoption laws in India: Balancing religious personal laws and secular legislations

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