Muslims cannot be denied adoption rights: Delhi HC

NEW DELHI: A Delhi court has ruled that just because a man is a Muslim and governed by personal laws in various matters such as adoption, he cannot be prevented from availing himself of the rights conferred on him by general and benevolent legislation.
The submissions came while granting conditional custody to an accused to visit the relevant officer in Nuh, Haryana to sign adoption papers. The prosecutor had opposed the custody on the grounds that in Islam, adoption is not authorized by law. He had said that personal laws applied to matters relating to adoption and that the very reason for parole in custody was specious.
Barrister Qausar Khan, representing the accused, had argued that under personal laws adoption was not permitted in Islam, but under the provisions of the Juvenile Justice Act 2000 (care and protection of children), even a Muslim has the right to adopt a child. and the rights of the accused cannot be infringed on the grounds that he faces a trial in a case.
Extra Sessions Judge Dharmender Rana said: “I agree with defense counsel that just because the plaintiff/defendant happens to be a Muslim and governed by personal laws on various matters, he cannot be prevented from availing themselves of their rights under general and benevolent legislation such as the Juvenile Justice (Care and Protection of Children) Act 2000.
The court ordered the superintendent of the prison to bring the accused on parole to the relevant office on April 1 and make all necessary arrangements in this regard.

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