SC issues notice to MHA, Law Ministry on PIL seeking uniform law for adoption, guardianship
Jan 29, 2021
New Delhi [India], January 29 : The Supreme Court on Friday issued notice to the Union Home Ministry, Law Ministry and Law Commission of India (LCI) after hearing a Public Interest Litigation (PIL) seeking a direction for gender-neutral, religion-neutral uniform law of adoption and guardianship for all the citizens.
The PIL was filed by Bharatiya Janata Party (BJP) leader and Supreme Court lawyer, Ashwini Kumar Upadhyay, before the Apex Court.
A three-judge bench of the Apex Court, headed by Chief Justice of India (CJI) Sharad Arvind Bobde and also comprising Justices A S Bopanna and V Ramasubramanian issued notice to the Union Home Ministry, Law Ministry and LCI, after hearing the PIL filed by Upadhayay.
Upadhyay sought a direction to the respondents to remove anomalies in the grounds of 'adoption and guardianship' and make them uniform for all citizens without discrimination on the grounds of religion, race, caste, sex or place of birth under Articles 14, 15, 21, 44 and international conventions.
He sought alternatively, being the custodian of the Constitution and protector of the fundamental rights, the UOI should declare that the discriminatory grounds of 'adoption and guardianship' are violative of Articles 14, 15, 21 of the Constitution.
Upadhayay sought a direction to the UOI to frame uniform guidelines for 'adoption and guardianship' for all citizens, while considering the best practices of laws of 'adoption and guardianship' and international conventions.
Upadhyay also sought that the Apex Court should direct the LCI to prepare a report on 'Uniform Grounds of Adoption and Guardianship' in the spirit of Articles 14, 15, 21, 44 within three months while considering the best practices of laws of 'adoption & guardianship' and international conventions.
