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.