Supreme Court says 2006 change in law allowing all religions to adopt optional for Muslims only

NEW DELHI: The Supreme Court on Wednesday clarified that a 2006 change in the law to allow a person from any religion to adopt was only optional for Muslims. Muslims could if they wanted adopt children under the 2006 juvenile justice act they could do so, but it was not binding in them.

Islam does not recognise adoption though Muslims could technically be guardians to any ward and take responsibility of their upkeep.

A PIL filed by Shabnam Hashmi had sought court intervention to frame guidelines that would allow all religions to adopt but the court acknowledging the change in law in 2006 desisted from doing so.

Instead the court, taking into accounts concerns expressed by the all India muslim personal laws board, clarified that the law was only an enabling, optional law. Those Muslims wishing to adopt can do so under the law. Others could follow their personal laws, it said.

The bench, headed by outgoing chef justic P Sathasivam, however directed all states and uts to ensure that the 2006 law and cars guidelines were followed. Since these involved matters of personal faith and religion, the right to adopt cannot be elevated to the status of a fundamental right, the court said.