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SHABNAM HASHMI vs. UNION OF INDIA & ORS.

SCR Citation: [2014] 2 S.C.R. 1101
Year/Volume: 2014/ Volume 2
Date of Judgment: 19 February 2014
Petitioner: SHABNAM HASHMI
Disposal Nature: Others
Neutral Citation: 2014 INSC 111
Judgment Delivered by: Hon'ble Mr. Justice Ranjan Gogoi
Respondent: UNION OF INDIA & ORS.
Case Type: WRIT PETITION (CIVIL) /470/2005
Order/Judgment: Judgment
1. Headnote

Juvenile Justice (Care And Protection of Children) Act, 2000: ss.41 to 44, 68 - Writ petition filed under Art 32 - Prayer to lay down law about adoption as a fundamental right and in alternate to lay down guidelines about adoption of children irrespective of religion, caste and seeking direction to to enact optional law on the subject - Held: Petitioner admitted that Act of 2000 is a secular law that enable adoption irrespective of religion and meets prayers made with petition - Muslim Personal Law Board claimed that Islamic law does not recognize that an adopted child is at par with a biological one; that it allows Kafala system under which adopted child remains descendent of biological parents and that child welfare committee should keep this in mind - The 2000 Act allows choice of personal law and is an optional legislation and is a small step towards fulfilment of Art 44 - Choice will remain open till a Uniform Civil Code is made to sink conflicting faiths and prevalent beliefs - The question of adoption to be declared a fundamental right is not ripe and must wait its evolution till different group reach maturity - Till then restrain must be maintained - Juvenile Justice (Care and Protection of Children) Rules, 2007 - r.33(2) - Constitution of India, 1950 - Article 44.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Juvenile Justice (Care And Protection of Children) Act
  • 2000: ss.41 to 44
  • 68 - Writ petition filed under Art 32
5. Equivalent citation
    Citation(s) 2014 AIR 1281 = 2014 (4) SCC 1 = 2014 (4) Suppl. SCC 1 = 2014 (2) SCALE 529