Alappuzha: A new provision in amended version of Juvenile Justice Act 2015 has invited protests from child rights activists. They allege the new law is more favorable to Hindus.
J. Sandhya, a child rights activist and member of State Commission for Protection of Child Rights (KeSCPCR), says it makes adoption process easier for them. The new provision (56/3 of JJ act-2015) is based on The Hindu Adoptions and Maintenance Act (HAMA), 1956. If a child is adopted by the couples under HAMA, there would be no scrutiny by the child welfare committees and police.
If donor and receiver are Hindus and they are willing to a mutual adoption agreement, “there would be no overlook by the concerned authorities.” However, the “consideration should not be allowed if any such deal is done.” In most cases such deal is done on money.
For example, a Hindu couple has sold two children to another two separate childless Hindu couple in a deal of Rs 1 lakh each. Police has proof of that. But, no action is taken against them.
“Effectively, this new provision not only affects the couple who are already waiting for the children after registering with adoption agencies but also pave the way for unhealthy practice of selling children in the society,” said the KeSCPCR member.
TheHAMA provides for adoption of Hindu children by adoptive Hindu parents. This is not applicable to others like Muslims and Christians. The Act says no Hindu person can adopt a son or daughter, if they already have a child of that sex. Often, the intentions behind the law are good, but the methods adopted fall short. The HAMA provides that there should be an age difference of 21 years between the adoptive parents and the adopted child whenever they are of opposite sex. As per data of State Adoption Resource Agency (SARA), as many as 536 couples are waiting for adoption in the state. Number of children given in adoption during 2014-15 was 183.
However, a lawyer associated with SARA defended the new provision by saying that it cannot be considered as relaxation to any particular community. The advocate admitted that there is provision in the new version of JJ Act.
“When it comes to Hindu couples, there is no special consideration. The law remains same for all,” he said.
