Bill to grant women equal adoption rights
In a major move that could liberalise adoption laws in the country, giving women equal rights in guardianship and adoption of children, the parliamentary standing committee on law and justice has unanimously recommended a bill which seeks to amend two acts in this regard.
The committee stated that the bill was an important legislation aimed at strengthening women’s rights and that the personal laws cannot be kept away from the principles of gender equality and gender justice. “The committee is of the view that the amendments proposed in the bill would place the mother on an equal footing with the father with respect to the right of guardianship and the right to adopt,” the report said. In its report tabled in both Houses of Parliament on Wednesday, the committee recommended that the bill be passed in the present form.
The Personal Laws Amendment Bill, 2010 was introduced in Rajya Sabha on April 22 and was referred to the standing committee. The proposed bill seeks to amend the Guardians and Wards Act (GWA), 1890 and the Hindu Adoption Maintenance Act, 1956. The bill is likely to be tabled in the Lok Sabha during the ongoing Monsoon Session.
As per the current provisions of the to the 120-year-old Guardians and Wards Act, which applies to Christians, Muslims, Parsis and Jews, if a couple adopts a child, the father is the natural guardian. In an attempt to make the adoption process gender neutral the proposed amendment allo-ws the mother along with the father to be appointed as a guardian. This provision has been made so that the courts do not appoint anyone else in case the father dies.
The second amendment, proposed in the Hindu Adoption Maintenance Act, 1956, (applicable to Hindus, Jains, Buddhists and Sikhs) aims to remove the hurdles in the way of a married woman to adopt and also give a child for adoption.
Presently, unmarried and divorced women as also widows are allowed to adopt a child but women separated from their husbands and engaged in lengthy divorce battles cannot adopt a child.
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