The Supreme Court of India(SC)has ruled that the Muslim personal law will not come in the way of a community-member's right to adopt a child.
"Persons of any faith can adopt a child under the Juvenile justice (Care and Protection of Children) Act. The Act will prevail till uniform civil code is achieved, and the Muslim personal law will not stand in the way of such adoption,"
Supreme Court of India(SC)Bench led by Chief Justice P Sathasivam observed on Wednesday Feb 19,2014 in its judgement on a petition filed by civil rights activist Shabnam Hashmi.
Shabnam Hashmi had been for the past 8 years waged a dogged battle in the top court to be legally recognised as the parent of her adopted daughter, Seher Hashmi Raza
Shabnam Hashmi took Seher Hashmi Raza under her custody way back in 1996, when she was just one year old abandoned by her biological parents at an adoption home in the capital.
"This means that my daughter finally has legal rights... uptil now, she was called my ward... and I was her guardian... this is a very emotional moment for us," Shabnam Hashmi told
The Adoption Laws at present allow only Hindus, Sikhs and Jains planning to adopt a child to be legally recognised as a parent. Parents of other faiths were accorded that status of a guardian and their adopted children were described as wards.
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