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.