Muslims can’t be denied adoption rights: Delhi HC

NEW DELHI: A Delhi court has held that merely because a man happened to be a Muslim and governed by personal laws in various issues like adoption, he cannot be debarred from availing the rights conferred upon him by general and benevolent legislation.

The observations came while granting custody parole to an accused to visit the concerned officer in Nuh, Haryana, for signing the adoption papers. The public prosecutor had opposed the custody parole on the grounds that in Islam, adoption is legally not permissible. He had said that personal laws were applicable in issues related to adoption and that the very ground for custody parole was specious.

Advocate Qausar Khan, appearing for the accused, had argued that under personal laws, adoption was not permissible in Islam but under the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, even a Muslim is entitled to adopt a child and the rights of the accused cannot be nagged on the ground that he is facing trial in a case.

Additional sessions judge Dharmender Rana said, “I concur with the defence counsel that merely because the applicant/accused happens to be Muslim and governed by personal laws on various issues, he cannot be debarred from availing the rights conferred upon him by general and benevolent legislation like Juvenile Justice (Care and Protection of Children) Act, 2000.”

The court directed the jail superintendent to take the accused on custody parole to the office concerned on April 1 and make all necessary arrangements in this regard.

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