Slide 1 — Case Overview Shabnam Hashmi v. Union of India (2014) 4 SCC 1 Court: Supreme Court of India Date: 19 February 2014 Subject: Adoption & Personal Law Key Law: Juvenile Justice Act, 2000 Core Question: Can a person adopt under the JJ Act irrespective of religion? Slide 2 — Facts Shabnam Hashmi wanted to legally adopt a girl child whom she had been caring for. Muslim personal law does not recognise adoption in the same manner as Hindu law. She approached the Supreme Court under Article 32. She argued that adoption should be available irrespective of religion. Slide 3 — Issues & Law Issues Whether the right to adopt is a Fundamental Right under Article 21? Whether a person can adopt under the JJ Act irrespective of religion? Relevant Provisions Article 21 – Right to life and personal liberty Article 32 – Constitutional remedies Article 44 – Uniform Civil Code Section 41, JJ Act, 2000 – Adoption Slide 4 — Arguments Petitioner Adoption should be available to everyone irrespective of religion. Right to adopt should be recognised under Article 21. The JJ Act provides a secular adoption procedure. Opposing View Personal laws should continue to govern matters relating to family and adoption. Adoption should not automatically be treated as a Fundamental Right. Slide 5 — Judgment & Significance Supreme Court Held: JJ Act provides a secular route to adoption. A person can adopt under the Act irrespective of religion. Personal law does not prevent a person from using this statutory route. However, the Court did not declare adoption a Fundamental Right under Article 21. Significance: Personal Law + Secular Adoption Law → JJ Act route available to all religions. Slide 6 THANK YOU
Slide 1 — Case Overview Shabnam Hashmi v. Union of India (2014) 4 SCC 1 Court: Supreme Court of India Date: 19 February 2014 Subject: Adoption & Personal Law Key Law: Juvenile Justice Act, 2000 Core Question: Can a person adopt under the JJ Act irrespective of religion? Slide 2 — Facts Shabnam Hashmi wanted to legally adopt a girl child whom she had been caring for. Muslim personal law does not recognise adoption in the same manner as Hindu law. She approached the Supreme Court under Article 32. She argued that adoption should be available irrespective of religion. Slide 3 — Issues & Law Issues Whether the right to adopt is a Fundamental Right under Article 21? Whether a person can adopt under the JJ Act irrespective of religion? Relevant Provisions Article 21 – Right to life and personal liberty Article 32 – Constitutional remedies Article 44 – Uniform Civil Code Section 41, JJ Act, 2000 – Adoption Slide 4 — Arguments Petitioner Adoption should be available to everyone irrespective of religion. Right to adopt should be recognised under Article 21. The JJ Act provides a secular adoption procedure. Opposing View Personal laws should continue to govern matters relating to family and adoption. Adoption should not automatically be treated as a Fundamental Right. Slide 5 — Judgment & Significance Supreme Court Held: JJ Act provides a secular route to adoption. A person can adopt under the Act irrespective of religion. Personal law does not prevent a person from using this statutory route. However, the Court did not declare adoption a Fundamental Right under Article 21. Significance: Personal Law + Secular Adoption Law → JJ Act route available to all religions. Slide 6 THANK YOU
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This case examines the constitutional questions surrounding adoption, focusing on caregiving and personal law under Article 32. It presents competing arguments for secular adoption versus personal-law governance, referencing Articles 21, 32, and 44. The judgment highlights that while the JJ Act provides a pathway for adoption across religions, it does not classify adoption as a right under Article 21, emphasizing the need for separate statutory access from personal law.