Adopted child has same right as a biological one: HC

Bengaluru: An adopted child has the same right as a biological one and they cannot be discriminated against while being considered for their parents' job on compassionate grounds, the High Court of Karnataka has held.

The HC said that if such a distinction is made "then there would be no purpose served by adoption."

Rejecting the contention of the Prosecution Department of the Government of Karnataka, the division bench of Justice Suraj Govindaraj and Justice G Basavaraja said, "The distinction made between adopted son and a natural son by respondent 2 and 4 (Prosecution Department and Assistant Public Prosecutor) either on the basis of the existing Rules in our considered opinion would not have any impact or role to play in the matter."

The Department had cited existing Rules while denying a job on compassionate grounds to an adopted son.

But the Court in its recent judgment said, "a son is a son or a daughter is a daughter, adopted or otherwise; if such a distinction is accepted then there would be no purpose served by adoption. Be that as it may, apparently taking into account that the same would violate Article 14 of the Constitution, the said Rules have been amended so as to do away with the artificial distinction."

Vinayak M Muttatti was a Class-IV employee in the office of Assistant Public Prosecutor, JMFC, Banahatti.

He had adopted a son though an adoption deed in 2011. Muttatti died in March 2018. The same year, his adopted son Girish filed a representation seeking a job on compassionate grounds.

The representation was rejected by the Department on the ground that the appellant was an adopted son and the Rules do not provide for consideration of adopted son for compassionate appointment.