Prospectus of uniform civil code in adoption laws in India: A study

Abstract

India is a country of diversity where its citizens belong to different religions. They have their faith in different religions such as Hinduism, Sikhism, Jainism, Buddhism, Islam, Christianity, Judaism and Zoroastrianism. Every religion has its own Personal Law governing marriage, divorce, property, maintenance, inheritance and adoption. On the point of adoption, the rules and regulations are not same in these religious communities. That is why there is need for uniform civil code in adoption laws. No doubt Indian society consists of the followers of different sects or religions but India as a state cannot save itself from the duty of providing equal status to all citizens in the name of non-interference in the personal laws.It raises some questions. Is state superior to the religion or religion is superior to the state. Is it the duty of the state, being welfare state, to provide equal rights to adoptive parents or children irrespective of the caste, sect, creed or religion? Is it encroachment in the personal laws of any community if equal status is provided to the adoptive parents or children? The objective of this research paper is to find out the answers to these questions in the light of Constitution of India and the personal laws of the different religious communities relating to the law of adoption and to sketch the prospectus of Uniform Civil Code in the adoption laws in India. The doctrinal method of research is used for completing this paper.