In Mizoram, Christian couples have been successfully adopting under the JJ Act since 2005. “Around 55 children have been adopted under the Act since 2005 by mostly Christian couples,” said Lal Dikkimi, nodal officer at the adoption cell of the social welfare department in Mizoram.
The JJ Act also allows for parents, who already have children, to adopt children who are of the same sex as the existing children, something that was not allowed under the Hindu Adoption and Maintenance Act, 1956.
Mohan M. Godbole, village director of Balgram Rai, an orphanage in Sonepat district, Haryana, said the state is yet to see a petition under the JJ Act for a fresh adoption by non-Hindu parents, but added: “Hindu couples in the state have begun using the JJ Act route to apply for adoption of children of the same sex as their biological children since it is not allowed under the Hindu Adoption and Maintenance Act.” He said two such applications were currently being processed in the state.
CNISSG, the adoption agency that helped the Gillanis, said it is processing cases where many non-Hindu couples, who had earlier adopted under the Guardians and Wards Act, are converting their status to adoptive parents by applying under the JJ Act. In September, the district court in New Delhi had passed an order to this effect.
Adoption agencies fear that as the Gillani order gains publicity, it could trigger adverse reactions, especially from a section of Muslims that argues that the religion prohibits adoption.
“According to the Quran, a Muslim cannot adopt even a Muslim child. The Sharia (the Muslim code) very clearly states that a Muslim can only act as a guardian to a needy child and can never be granted the rights of a parent,” said Asaduddin Owaisi, a lawyer who is a Lok Sabha member of the All India Majlis-E-Ittehadul Muslimmen party.
He added that petitions for adoption by non-Muslims under the JJ Act amount to an abuse of the Act. “The All India Muslim Personal Law Board has already made a representation to the government against the misuse of a provision of the Juvenile Justice Act, which has triggered this needless controversy. The board is also readying to challenge this in the courts.”
Not everyone agrees with Owaisi. “Adoption is a humanitarian cause involving needy children. One must rise above religion, race and even country in this case... Even if the religion does not strictly allow adoption, several Islamic countries, too, do allow it in practice,” said Mukhtar Abbas Naqvi, vice-president of the Bharatiya Janata Party.
One reason for the confusion and the controversy surrounding the Act is because it coexists with conflicting personal laws. “The old laws were not repealed after the passage of the JJ Act. The Act is a progressive enactment and does not force a citizen to adopt through its provisions—those who chose to use it, do it voluntarily,” said Colin Gonsalves, senior counsel at the Supreme Court.
And Jagdeep Kishore, an advocate at the Delhi high court, who filed the petition for the Gillanis, said the Act is free of “all religious undertones”.