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SC Gives Muslims Right To Adopt A Child|Muslims Right To Adopt A Child :
NEW DELHI: In a landmark judgment, the Supreme Court has given Muslims the right to adopt a child despite their personal lawprohibiting it.
The apex court said on Wednesday that the laws of land has to get primacy over personal law till the country achieves Uniform Civil Code as provided in Article 44 of the Constitution.
The SC bench said the right to adoption is conferred by a law and operation of this cannot be stultified by a personal law dictate.
The SC judgment comes on an 8 years old petition by Shabnam Hashmi who had approached the apex court after being refused permission to adopt.
Though the SC said all individuals have a statutory right to adopt a child, it said the time is not ripe to declare the right to adopt a fundamental right.
http://timesofindia.indiatimes.com/topic/SC-gives-Muslims-right-to-adopt-a-childhttp://timesofindia.indiatimes.com/topic/SC-gives-Muslims-right-to-adopt-a-child
Supreme Court gives Muslims right to adopt child
Despite their personal law barring them, Muslims have now
the right to
adopt a child as the Supreme Court in a landmark judgment
said
till the country attains Uniform Civil Code as provided
in Article 44
of the Constitution, the laws of land has to get priority
over
personal law.
While hearing an 8 years old petition by Shabnam Hashmi
who had approached the apex court for framing of guidelines by the adoption of
children by the people belonging to all religions and communities, after being
declined approval to adopt, the apex court bench headed by Chief Justice P.
Sathasivam said that the rules framed under juvenile justice law were an
enabling provision which is valid to all religions and communities and the same
could not be discouraged by personal religious beliefs.
The Supreme Court bench said the right to adoption is
conferred by a law and functioning of this cannot be negated by a personal law
order. The apex court said the time is not suitable to declare the right to
adopt a fundamental right, even though it said all individuals have a legal
right to adopt a child. The apex court said Muslims could adopt a child under
the juvenile justice law, as its enforcement could not be obstructed by the
Muslim personal Law Board.
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