MUSLIMS ARE ENTITLED TO ADOPT UNDER THE JUVENILE JUSTICE ACT EVEN AFTER PERSONAL LAW DOES NOT PERMIT ADOPTION

Recently, a Delhi Court held that merely because a person is a Muslim and governed by personal laws, he cannot be debarred from availing the rights given under the Juvenile Justice (Care and Protection of Children) Act.

The plea was filed by Ashabuddin, who is jailed in a terror and criminal conspiracy case and is registered under the UAPA Act and IPC Act. 

The accused, before the Court, sought pardon on the ground that he was required to visit the Nuh's tehsildar office for signing adoption papers.

The prosecution argued that in Islam, adoption is not legally permissible and that personal law is applicable in issues related to adoption, and the application deserved to be dismissed. 

The defence counsel opposed the prosecutor's argument by referring to Shabnam Hashmi v. Union of India and others, to contend that although under personal rules of Islam, adoption is not allowed but under the Juvenile Justice (Care and Protection of Children) Act even a Muslim is can adopt a child and the rights of the petitioner/accused cannot be nullified on the ground that he is facing trial.

The Court allowed the plea and directed the Jail Superintendent to take the petitioner on custody parole to the office of Tehsildar, Nuh on April 1, 2022, from 10 am to 2 pm, excluding travel time.