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Personal Laws cannot dictate the operation of provisions of an enabling statute like Juvenile Justice…

Shabnam Hashmi v. Union of India upheld access to the secular adoption framework irrespective of personal-law restrictions. The observations concerned the Juvenile Justice…

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Personal Laws cannot dictate the operation of provisions of an enabling statute like Juvenile Justice Act, 2000 and cannot come in the way of a person who chooses to adopt a child under JJ Act, 2000. JJ Act, 2000 is a secular law and a small step in reaching the goal of Uniform Civil Code under Art. 44 of the Constitution – It was observed in the case of

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Shabnam Hashmi v. Union of India upheld access to the secular adoption framework irrespective of personal-law restrictions. The observations concerned the Juvenile Justice Act, 2000; the current Juvenile Justice (Care and Protection of Children) Act, 2015 provides the adoption framework, and Section 111 repeals the earlier Act while saving action under corresponding provisions.

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