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Muslims Can Adopt Children, Rules SC

FEBRUARY 19, 2014

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Muslims Can Adopt Children, Rules SC


In a landmark judgment, the Supreme Court has given Indian Muslims the legal right to adopt a child despite the Muslim Personal Law prohibiting it. The apex court said that the law of the land has to get primacy over personal law till the country achieves a Uniform Civil Code as provided in Article 44 of the Constitution.

The SC bench further ruled that the right to adoption was conferred by a law and therefore, its operation cnnot be negated by a personal law. The judgment came on an 8-year old petition filed by Shabnam Hashmi, who had approached it after being refused permission for adoption.

Though the court has opined that all individuals have a legal right to adopt a child, it refused to declare the right to adopt a fundamental right under the Constitution.


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