Adoption in India and Social Stigma

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ADOPTION IN INDIA

INTRODUCTION

Parenting is an essential aspect of our evolutionary heritage. Maternal nurturing of the young mammal is both instinctual and vital for the young to survive. Humans have a long infancy. This gives both time and scope for the parents to form a loving bond with the child. These mutual relationships of love and affection that develop transcend any biological purpose and constitute the very stuff of our epics and human legends.

Adoption serves the double purpose of giving a child a home and giving the parents a child. It is a wonderful social institution that every civilised society ought to support. Yet, in India, there is frequently a shroud of secrecy around adoptions. Parents of ashamed of letting their relatives and/or acquaintances know of this adoption due to perceived social stigma that would fall upon the child.

This makes no sense, and serves to illustrate how paradoxical our culture is.

There are several tales in Hindu mythology that suggest that the concept of adoption of children has always existed, such as that of Krishna (or Yashoda nandan) and that of Karna in the Mahabharata. The myths of Shakuntala and Andal also assume importance when it comes to the notion of adoption and entitlement. They were both considered Goddess Earth's (Bhumi's) gift to their parents.

There are many legal hindrances to adopting children in India as India does not have a uniform code for adoption. There is a great hindrance to adoption in the multifaith population of India as Non Hindus cannot legally adopt a child. Their personal laws do not permit adoption. They can take the child as their ward under the Guardian and Wards Act, 1890 but this does not confer the same status as biological childre...

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...s discrimination reflected on the great value attached to a son, who would ensure not only the family line, but also fulfil religious obligations. The Hindu Adoption and Maintenance Act eliminates this gender bias in the adoption process by providing for the adoption of both sons and daughters. (Venkataraman, 1972: 230)

We can be fairly sure that the Hindu Adoption and Maintenance Act, 1956 is a radical departure from the old Hindu law of adoption and rectifies many of its anomalies, inconsistencies, and shortcomings.

But it has its limitations.

The Act is parent-centred rather than child-centred. It does not allow for the adoption of two children of the same sex, nor does it allow for the adoption of a child of the same sex as the biological child. Under the Act, the adopted child must be a Hindu. Now how does one ascertain the religion of an abandoned child?

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