New Delhi, India (CU)_ A parliamentary committee stated that the Hindu Adoptions and Maintenance Act and the Juvenile Justice Act must be harmonized in order to provide a standard and comprehensive adoption law. According to the recent statement from the Standing Committee on Law and Personnel, all religions and the LGBTQ population should be included in the new legislation.
In addition, the committee led by BJP leader Sushil Modi recommended that such a law be more open, responsible, less bureaucratic, and applicable to everybody, regardless of religion. According to its report on the Review of Guardianship and Adoption Laws, the standing committee noted that both the Hindu Adoptions and Maintenance Act (HAMA) and the Juvenile Justice Act had their own merits and flaws.
According to the report, “While the adoption procedure laid down under HAMA is simple and takes less time as compared to that stipulated in JJ Act, adoptions made under JJ Act are transparent, accountable and verifiable”. However, the Committee also highlighted that the Adoption Regulations enacted pursuant to the Juvenile Justice Act provide a complicated and time-consuming adoption procedure afflicted by excessive delays. The committee said, “In view of the above, the Committee feels that there is a need to harmonize both the laws and bring out a Uniform and comprehensive legislation on adoption which is more transparent, accountable, verifiable, less bureaucratic and applicable to all irrespective of religion in order to make adoptions more easy and less cumbersome”.
According to the new law, different adoption processes may be required for institutionalized children and children living with their families. The committee said, “As regards adoption by relatives, the adoption process should be more flexible and simplified and involve less documentation…the committee feels that the new legislation should cover LGBTQ community”.
