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Women may get equal rights in adoption of children
The Bill provides for the mother to be appointed as a guardian along with the father so that the courts don't appoint anyone else in case the father dies.
Updated : Jul 18, 2010, 11:53 AM IST
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Women in India are likely to get equal rights in guardianship and adoption of children.
The Personal Laws Amendment Bill, 2010 -- introduced in the Rajya Sabha on April 22 -- has been referred to the parliamentary standing committee on Law and Justice for eliciting public opinion on the issue.
It is learnt that all members of the Committee were unanimous in supporting its provisions. "We will meet on July 29 to adopt the report...there was no dissenting voice in the committee," a member of the panel told PTI.
With this, the proposed Bill, which seeks to amend the Guardians and Wards Act (GWA), 1890 and the Hindu Adoption Maintenance Act, 1956, is likely to be tabled in the Lok Sabha in its month-long session beginning July 26.
According to the GWA, which applies to Christians, Muslims, Parsis and Jews, if a couple adopts a child, the father is the natural guardian.
The proposed amendment to the 120 year-old Act allows the mother along with the father to be appointed as a guardian, making the process gender neutral.
The Bill provides for the mother to be appointed as a guardian along with the father so that the courts don't appoint anyone else in case the father dies.
The second amendment, proposed in the Hindu Adoption Maintenance Act, 1956, (applicable to Hindus, Jains, Buddhists and Sikhs) aims to remove the hurdles in the way of a married woman to adopt and also give a child for adoption.
Presently, unmarried and divorced women as also widows are allowed to adopt a child but women separated from their husbands and engaged in lengthy divorce battles cannot adopt a child.
The new amendment would allow a married woman separated from her husband to adopt with the consent of her husband even during the time of divorce proceedings.
However, if he changes his religion or is declared to be of unsound mind, no consent from the estranged husband would be required.
"Bills which are forward looking and are in the interest of the society and the country are usually cleared unanimously," said another committee member.
