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2018 Supreme(Ker) 1482

ANU SIVARAMAN
Jeshy CO – Appellant
Versus
Union of India – Respondent


JUDGMENT :

Anu Sivaraman, J.

1. These writ petitions are filed challenging the provisions of the guidelines governing Adoption Regulations, 2017 issued under the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short, 'the Act, 2015'). The essential challenge is against the eligibility criteria for prospective adoptive parents as contained in Regulation 5 of the Adoption Regulations, 2017 with regard to the maximum composite age of prospective adoptive parents for the purpose of adoption of child up to four years of age. The grounds for challenge in the writ petitions are, however, different.

2. The petitioner in W.P.(C). No. 31780 of 2016, who is a non Hindu aged 50 years at the time of filing of this writ petition, challenges the provisions of Regulation 5(g) on the ground that it discriminates against his right to adopt in so far as Hindu parents are permitted to adopt a child in terms of the provisions of the Hindu Adoption and Maintenance Act, 1956 (for short, 'the Act, 1956'). It is therefore contended that since a non Hindu is disabled from adopting a child of less than four years of age, if the composite age of the adoptive parents is greater than what is pres






















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