Mr. Vidit Raj Jain, Hidayatullah National Law University, Raipur
ABSTRACT
The Modern Hindu Law for adoptions which has been codified as Hindu Adoptions and Maintenance Act, 1956 deals with significant questions like the capacity to adopt, capacity to give in adoption, and who may be given in adoption. Various concepts have been brought forward as it is from the Classical Hindu Law, whereas, some concepts have been changed in accordance with the needs of modern times. Essential ceremonies and the Effects of Adoption have also been laid down in the current Act. Such changes and the current provisions have been discussed in detail in this paper by the Author.
INTRODUCTION
Adoption is the taking of a child, born to someone else, and raising the child as your own. However, the motive for doing so might differ for different people ranging from someone doing it to provide a better standard of life to the child to someone doing it for his own selfish reasons. But certain essentials need to be fulfilled for a valid adoption without which, legally the child will still retain the ties with his natural family. In India, there is no uniform law applicable to all the citizens in respect of adoptions and it thus falls in the domain of Personal Laws. For Hindus, it’s the Hindu Adoptions and Maintenance Act, 1956 (‘HAMA’) which governs the adoptions taking place in their religion and it is prospective in nature and is not applicable to pre-act adoptions. References of adoptions have been taking place among the Hindus since the Vedic period and it’s not a new concept for them. Aiteraya Brahmana mentions the most famous example of adoption by Raja Harishchandra of Sunahsepa and a subsequent adoption by Sage Visvamitra who had his own aurasa (natural born sons). Those adoptions were regulated by the Classical Hindu Law and today its regulated by the Codified Hindu Law and there are some significant shifts in the pattern of regulation, though some of the rules are as it is even today.
Dattaka Mimansa quotes “A man should adopt a son for the sake of funeral cake, water and solemn rights and for the celebrity of his name.”
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