Madras High Court Questions Exclusion of Transgender Persons in Adoption Laws

Court Demands Clarification from Central Government on Non-Inclusive Adoption Guidelines

In a significant move towards ensuring inclusivity in adoption laws, the Madras High Court has questioned the current framework that excludes transgender persons from adopting children. The court, hearing a petition filed by B. Shama, has challenged the validity of the Hindu Adoption and Maintenance Act, 1956, and the Central Adoption Resource Authority (CARA) guidelines framed under the Juvenile Justice (Care and Protection of Children) Act, 2015. 

The petitioner argued that the existing adoption laws are discriminatory against transgender persons and do not align with the Transgender Persons (Protection of Rights) Act, 2019. The Act of 2019 was enacted to protect the rights of transgender persons and promote their welfare. The petitioner's counsel contended that the terms "male" and "female" in the adoption laws should be interpreted to include "transgender" to uphold the spirit of the 2019 Act.

The court noted that the current adoption scheme and the CARA guidelines fail to accommodate transgender persons, thereby violating their rights under the Transgender Persons (Protection of Rights) Act, 2019. The court directed the Central Government to explain, through an affidavit, why the CARA guidelines have not been amended to fulfill the statutory obligation under Section 8 of the 2019 Act. This section mandates the inclusion of transgender persons in adoption procedures.

The Additional Solicitor-General of India, representing the Central Government, requested additional time to file a response. The court has granted this request and scheduled the next hearing for December 4, 2025. The outcome of this case could set a precedent for the inclusion of transgender persons in adoption laws, ensuring equal rights and opportunities for all.

Bottom Line:

Adoption laws under Hindu Adoption and Maintenance Act, 1956 and CARA guidelines under Juvenile Justice (Care and Protection of Children) Act, 2015 challenged for discriminative provisions against transgender persons under the Transgender Persons (Protection of Rights) Act, 2019.

Statutory provision(s): Hindu Adoption and Maintenance Act, 1956, Juvenile Justice (Care and Protection of Children) Act, 2015, Transgender Persons (Protection of Rights) Act, 2019, Section 8 of the Transgender Persons (Protection of Rights) Act, 2019.

B.Shama v. Union of India, (Madras)(DB) : Law Finder Doc Id # 2806201