Bombay HC – Adoption of Abandoned Child under Juvenile Justice Act & HAMA Ensures Equal Caste Entitlements
The child, after he was abandoned, was adopted by the petitioner – adoptive mother. The parents of the child are not known.
The petitioner belongs to the Special Backward category. She had applied for adoption before the District Court, Pune, as per the Juvenile Justice (Care and Protection of Children) Act, 2000. The Society for Friends of the Sassoon Hospital was the co-applicant.
On 22.8.2014, the District Court passed the order as reproduced in para 2 of the judgment and allowed the application.
On 19.6.2017, the caste certificate in favour of adopted son was issued. However, the said caste certificate was cancelled on 21.2.2018 after inquiry and on the basis of a complaint.
On 31.12.2018, the appeal of the petitioner was dismissed.
In Sonal Pratapsingh Vahanwala v/s. Deputy District Collector (Encroachment) Dharavi Division and others (2022 SCC Online Bombay 628), it was held that when the parents of adopted child are not known and if there is valid adoption, the caste of the adopted child would be the same as that of the adoptive parents
Section 12 of the Hindu Adoption and Maintenance Act, 1956.
Even the Division Bench has considered the observations by the Supreme Court in case of Rameshbhai Dabbhai Naika v/s. State of Gujarat and others (2012 (2) SCC 400). We are satisfied that those observations are applicable to the facts of this case.
When the process of adoption is completed, the adopted child becomes legitimate child of the parents and all rights, privileges and responsibilities are bestowed on him which are attached to that relationship. It is by way of deeming fiction. If such right is not bestowed on him, his future will remain in limbo and his future will be in dark. In order to deal with such a situation, legislatures have given the meaning of adoption.
The adopted child needs to be given a legal status as being the child of adoptive parents. The Petitioner’s adoptive parents belong to Special Backward Category. Adopted child has to be given the same status. Ultimately Court has to interpret the provisions of Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Act, 2000 by considering the provisions of J.J. Act of 2000.
Judgment dated 29.1.2026 of the High Court of Bombay in Writ Petition No.14840 of 2022 of Mrs. Geeta Dattatray Achari Vs. State of Maharashtra and others
