SC adjourns Ashwini Kumar plea seeking removal of anomalies in adoption, guardianship

The Supreme Court on Thursday adjourned hearing on a petition filed by Ashwini Kumar Upadhyay seeking removal of anomalies in the grounds of adoption and guardianship and making them uniform for all citizens.

The matter was listed before the bench headed by the Chief Justice S.A. Bobde. The Court told the petitioner’s lawyer that a similar matter was dismissed in 2019. The Court asked petitioner to refer to that order and come back next week. Senior Advocate Anjana Prakash appeared for the petitioner. The matter will be considered next week.

The Court has directed to list the matter next week along with record of Writ Petition (Civil) No. 598 of 2019. Justice A.S. Bopanna and Justice V. Ramasubramanian were also part of the bench who passed the order.

The petition has been filed by BJP leader and spokesperson Ashwini Kumar Upadhyay, who sought directions to declare the grounds of adoption and guardianship under different acts based on different religions per se as discriminatory.

The petitioner has submitted that Several acts such as Juvenile Justice Act, 2000, Hindu Adoption and Maintenance Act, The Guardians and Wards Act 1890, Hindu Minority and Guardianship act and personal laws of Muslims Christians and Parasis contain different provisions for adoption and guardianship, which are against gender equality, dignity of women and children.

It has further been contented that it is also contrary to Articles 14, 15, and 21.

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The petitioner stated that even after 73 years of Independence, India does not have gender and religion neutral law of adoption and guardianship for all citizens. Every religion has their personal laws which are still not codified and still being governed by primitive personal laws.

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