The Juvenile Justice (Care and Protection of Children) Act, 2015 enables persons of which of the…
The adoption provisions in Chapter VIII of the Juvenile Justice (Care and Protection of Children) Act, 2015 are a secular law. Eligibility of prospective adoptive parents…
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The Juvenile Justice (Care and Protection of Children) Act, 2015 enables persons of which of the following religions to take a child in adoption?
Answer and explanation
Correct answer D
The adoption provisions in Chapter VIII of the Juvenile Justice (Care and Protection of Children) Act, 2015 are a secular law. Eligibility of prospective adoptive parents under Section 57 turns on criteria such as physical fitness, financial soundness and mental alertness, not on religion, and Section 56(2) expressly allows a child to be adopted from a relative by another relative "irrespective of their religion". In Shabnam Hashmi v. Union of India (2014), the Supreme Court held that the juvenile justice law (then the Act of 2000, which the 2015 Act repealed and replaced) is an enabling law under which any person may adopt, whatever his personal law. So the answer is "Persons of any religion, including Hindus, Muslims and Christians".
Section 56(3) only provides that the Act does not apply to adoptions made under the Hindu Adoptions and Maintenance Act, 1956; it does not stop Hindus from adopting under the JJ Act, so the option saying Hindus can adopt only under the Hindu Adoptions and Maintenance Act, 1956 is wrong, and the options limited to a single religion are also wrong.
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Uttarakhand Judicial Services