SC notice on uniform adoption law

KT NEWS SERVICE. Dated: 1/30/2021 4:02:53 PM

NEW DELHI, Jan 29: While a Uniform Civil Code applicable to all religions in matters of marriage, divorce, inheritance and adoption remains elusive, the Supreme Court on Friday ventured for a uniform law of adoption and guardianship for all citizens, issuing notices to the government after hearing a Public Interest Litigation (PIL) for such a direction.
The PIL has been filed by Bharatiya Janata Party (BJP) leader and Supreme Court lawyer Ashwini Kumar Upadhyay.
A three-judge bench of the Apex Court, headed by Chief Justice of India (CJI) Sharad Arvind Bobde and also comprising Justices A S Bopanna and V Ramasubramanian issued notice to the Union Home Ministry, Law Ministry and the Law Commission and sought their response before the next hearing on March 19.
Upadhyay sought a direction to the respondents to remove anomalies in the grounds of ‘adoption and guardianship’ and make them uniform for all citizens without discrimination on the grounds of religion, race, caste, sex or place of birth under Articles 14, 15, 21, 44 and international conventions.
He sought alternatively, being the custodian of the Constitution and protector of the fundamental rights, the Centre should declare that the discriminatory grounds of ‘adoption and guardianship’ are violative of Articles 14, 15, 21 of the Constitution.
Upadhyay also wanted that the Apex Court should direct the Centre to prepare a report on ‘Uniform Grounds of Adoption & Guardianship’ in spirit of Articles 14, 15, 21, 44 within three months.
He sought a direction to the Centre to frame the uniform guidelines for ‘adoption and guardianship’ for all citizens, while considering the best practices of laws of ‘adoption and guardianship' and international conventions.



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