Pankhudi Sinha, Symbiosis Law School Pune
ABSTRACT
Ashok Kumar v. Inspector of Registration and Ors. sets a significant legal precedent in the realms of adoption laws by affirming the biological mother’s exclusive right to give her illegitimate child for adoption when the father remains absent. It challenges the traditional patriarchal view, and highlights the evolving legal and social landscape of adoption under Hindu Adoption and Maintenance Act, 1956. It underscores the mother’s role as primary guardian contrary to the Hindu Guardianship and Minority Act, 1956 and recognizes the need to balance parental rights, ethical considerations and social realities.
Ashok Kumar v. Inspector General of Registration and Others In the High Court of MadrasCitation: 2024 SCC OnLine Mad 2111.1Introduction
The present research paper analyses the pivotal precedent set by our Madras High Court and marks a fundamental evolution of adoption lawin the context of illegitimate children. It challenges the traditional norms by affirming that a biological mother, even in absence of biological father’s consent, has the legal right to place her child for adoption.
The decision breaks from the historical patriarchal view, wherein father’s approval and guardianship is considered paramount, over the autonomy and legal agency of the mother. Furthermore, there are significant questions about parental responsibilities and ethical dimensions of adoption, keeping the child’s welfare as a paramount.
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