Adoption under Hindu law: Outbursting the myths about adoption in context of Hindu adoptions & maintenance act, 1956
Keywords:
Adoption, Hindu Law, Child, Adoptive, Myths on AdoptionAbstract
The relationship of a child and parents is beyond the definition of love and piousness. This unreal bond has always been a constant source of origination of rights, liabilities and co- dependency of the former towards the latter and vice versa. The concept of adoption in India is prevalent since antiquity and the depth goes stronger in case of Hindu Law, it being the only major personal law that permits adoption even before its codification. For the following article, the authors attempted to go through how the practice of adoption has changed over the years, what are the myths associated with this concept, how Hindu Adoptions and Maintenance Act, 1956 has been able to setup equality between women and menin terms of their rights to adoption and how customs and practices are kept in harmony with the codified law. The authors have attempted to establish a link between the myths prevalent in our society on adoptions and simultaneously tried to outburst and explain them with the help of provisions of Act of 1955.
Downloads
References
Central Adoptions Resource Authority, Ministry of Women and Child Development, Govt. of India http://cara.nic.in/resource/adoption_Stattistics.html
2,061 girls among 3,531 children adopted in 2019-20: Govt. data. (2020, November 01). The Hindu. Retrieved from https://www.thehindu.com/news/national/2061-girls-among-3531-children-adopted-in-2019-20-govt-data/article32995902.ece/amp/
Chaturvedi, R.G. (2010). Manusmriti: The Constituion of the Vedic Society. New Delhi, India: Universal Law Publishing Co. Pvt. Ltd.
Dr. Diwan P. (Ed.). (2018). Modern Hindu Law. (21st ed.). Faridabad, India: Allahabad Law Agency.
Dr. Kesari, U.P.D. (Ed.). (2018). Modern Hindu Law. (11th ed.). Allahabad, India: Central Law Publications.
Ganguly, S., & Unisa, S. (2010). Trends of Infertility and Childlessness in India: Findings from NFHS Data. Facts, views & vision in ObGyn, 2(2), 131–138.
Hindu Adoptions and Maintenance Act, 1955
https://www.casemine.com/judgement/uk/5b4dc2462c94e07cccd237ba>
https://www.livemint.com/mint-lounge/features/the-returned-1569587584096.html
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4188020/
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4188020/
Jha, R. S. (2014). Women & the Curse of Domestic Violence: A Study. International Journal of Economics & Managerial Thoughts , 4 (2), 35-43.
Juvenile Justice (Care and Protection of Children) Act, 2015
Nagin Das Bhauwandas v Bachoo Hur Kishen Das, 43 IA, 56
Navtika. (2013). Inter Country Adoption- A solution or a Problem to Solution. Dehradun Law Review. Vol 5. Issue 1. 75-78
Pathak, V.K. (2016). Early Childhood Care and Education: International Perspective. Dehradun Law Review. Vol. 8. 37-38
Tyagi N & Shankhwar Y, 2013. Female Foeticide; A Cry Unheard. Social Research Foundation, International Multidisciplinary Journal Shrinkhla, I(II)
Suryasa, W. (2019). Historical Religion Dynamics: Phenomenon in Bali Island. Journal of Advanced Research in Dynamical and Control Systems, 11(6), 1679-1685.
Tyagi, N., Jha, R. S., Chaudhary, A., & Batar, S. (2021). Women in Dual Role; A Sociological Perspective. Elementary Education Online , 20 (1), 1766-1772.
Published
How to Cite
Issue
Section
Copyright (c) 2022 International journal of health sciences
![Creative Commons License](http://i.creativecommons.org/l/by-nc-nd/4.0/88x31.png)
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Articles published in the International Journal of Health Sciences (IJHS) are available under Creative Commons Attribution Non-Commercial No Derivatives Licence (CC BY-NC-ND 4.0). Authors retain copyright in their work and grant IJHS right of first publication under CC BY-NC-ND 4.0. Users have the right to read, download, copy, distribute, print, search, or link to the full texts of articles in this journal, and to use them for any other lawful purpose.
Articles published in IJHS can be copied, communicated and shared in their published form for non-commercial purposes provided full attribution is given to the author and the journal. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgment of its initial publication in this journal.
This copyright notice applies to articles published in IJHS volumes 4 onwards. Please read about the copyright notices for previous volumes under Journal History.