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1999 Supreme(Bom) 831

F.I.REBELLO
Manuel Theodore DSouza – Appellant
Versus
N. R. – Respondent


JUDGMENT - F.I. REBELLO, J.:---Two couples, Indian citizens, professing the Christian faith, applied to this Court for being appointed as guardians under the Guardians Wards Act. In the course of the proceedings they amended their petition, to seek a prayer that the children be given to them in adoption. The petitioners being Christians are presently only entitled to be appointed as guardians. They do not fall within the definition of "Hindu" as defined in the Hindu Adoption Maintenance Act, 1956. A question immediately arose, whether a civilised State committed to the Rule of law, governed by a written Constitution and signatory to International Conventions on the Rights of a child, could deny to a section of its own citizens the right to adopt a child and to give that child, a home, a name and nationality. Article 14 of our Constitution ensures equality before law to all citizens. Non-arbitrariness is the hallmark of this Article. On 26th November, 1949 we gave to ourselves, a Bill of Rights, when the Constituent Assembly voted and approved the Preamble to the Constitution of India. The "Tryst with Destiny" Speech, of the first Prime Minister of the new Nation, symbolised its









































































































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