Madras High Court Rules: Muslim Adoption Must Follow Juvenile Justice Act

Court mandates adherence to statutory adoption procedures, disallowing direct registration of adoption deeds under Islamic law.

In a significant judgment, the Madurai Bench of the Madras High Court, presided over by Justice G.R. Swaminathan, ruled that Muslims must adhere to the statutory adoption procedures outlined in the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Adoption Regulations, 2022, rather than relying on the direct registration of adoption deeds, which is not recognized under Islamic law.

The case arose when petitioner K. Heerajohn and his wife sought to adopt their nephew, Mohammed Saleem, through an adoption deed that the District Registrar of Madurai declined to register, citing religious law. The court clarified that while Islam does not traditionally recognize adoption, the Juvenile Justice Act provides a legal framework that supersedes personal laws for adoption purposes.

Justice Swaminathan emphasized that the Juvenile Justice Act is an enabling statute allowing Muslims, among others, to adopt children by following prescribed statutory processes. The court referred to the Supreme Court's decision in Shabnam Hasmi v. UOI, which upheld the JJ Act as a means for adoption beyond religious constraints. The Act mandates processes such as verification by the District Child Protection Unit, consent from biological parents, and approval by the District Magistrate.

The court further clarified that an adopted child under the JJ Act gains the same status as a biological child, overriding any contrary provisions in Muslim Personal Law due to Article 15(3) of the Indian Constitution, which permits special provisions for children. Justice Swaminathan noted that the right to adopt, though not a fundamental right under Article 21, is recognized as a human right under international conventions.

In rejecting the petitioner's plea for direct registration of the adoption deed, the court highlighted the necessity of adhering to the adoption procedures to ensure the welfare and rights of the child. The judgment underscores the importance of a nurturing and permanent family environment for children's development, which the statutory adoption process aims to facilitate.

The court ordered that the verification process be expedited, urging the District Magistrate to dispose of adoption applications promptly to mitigate delays that could deprive children of stable family care. The judgment calls for a balance between legal procedures and the pressing need for efficient adoption processes to benefit children's welfare.

Bottom Line:

Adoption by Muslims - Adoption deed by Muslims cannot be directly registered as Islam does not recognize adoption - Muslims must follow the procedure laid out in Juvenile Justice (Care and Protection of Children) Act, 2015 and related Regulations for adoption.

Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 - Sections 56, 57, 61, 63; Constitution of India - Article 15(3); Registration Act, 1908 - Section 17, Section 18; Adoption Regulations, 2022

K.Heerajohn v. District Registrar, Madurai District, (Madras)(Madurai Bench) : Law Finder Doc Id # 2796700