Adoption under archaic Hindu likely to scrapped
The WCD Ministry is likely to seek repealing of a six-decade-old adoption law after concerns over its misuse for child trafficking, a senior official has said.
While the Juvenile Justice Act 2015 allows every Indian citizen, regardless of religion, to adopt, Hindus, Buddhists, Sikhs and Jains have the option of adopting under the Hindu Maintenance and Adoption Act (HAMA), 1956.
Government officials and activists say that often people seek refuge under the archaic law to take advantage of its loopholes.
"HAMA has no relevance after JJ law. Many adoption agencies often siphon off children and traffick them through HAMA. The JJ Act, however, provides for sourcing and verification of the child and makes it mandatory to carry out a background check of the adoptive parents," said a WCD ministry official on the condition of anonymity.
Under HAMA, a parent or a guardian can give a child for adoption to any Hindu male or female without any court order.
However, under the JJ Act, 2015, there are several safeguards to ensure the wellbeing of a child.