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child rightsscene of child labour is dominatedwith various cultural impacts whereeducation alone cannot work to completethe rights chain. Each state,and each district have varied culturalimpacts and cannot be addressedthrough a national scheme alone.Similarly, issues of rehabilitationand mental health considerationscannot be addressed until the size ofthe problem is acknowledged.At a policy level there is a long wayto go. The first step would be to stepBY SHIBANI GHOSHThe Juvenile Justice(Care and Protection ofChildren) Act, 2000 (56of 2000) considers adoptionof a child, who isabandoned, orphaned, neglected orabused in their families or in institutions,to be one of the ideal ways ofrehabilitation and social integrationfor the child. Certain provisions ofthis Act ostensibly remove the anomaliesthat existed in the law relatedto adoption in India. However, theobjective of the Act is in effect defeateddue to its conflict with the existinglaw which has neither beenexpressly nor impliedly beenrepealed by the Act or any other legislativeprovision.Section 1.3 of the Aims andObjectives, of the Revised GuidelinesTo Regulate Matter Relating ToAdoption Of Indian Children (1994)says that the thrust of NationalPolicy for the Welfare of Childrenformulated by the Government ofIndia is summed up in the followingwords:“The nation’s children are asupremely important asset. Theirnurture and solicitude are ourresponsibility…Equal opportunitiesout of the denial phase, the second torealise the country’s cultural diversitiestowards children, and the thirdto understand the needs of a childwho has been rescued from childlabour.Endnotes:i.See No.18 of a series of papers onEconomic Development: School participationin Rural India by JeanDress and Greta Gandhi Kingdomii. DPEP- District PrimaryEducation Programmed, and SSA-Critical Analysis Of TheAdoption Lawfor development to all children duringthe period of growth should beour aim, for this would serve ourlarger purpose of reducing inequalityand ensuring social justice.”This Article, in brief, analyses thelaw regarding adoption of children inIndia and demonstrates how thesame will remain to be discriminatory,unjust and deny equal opportunitiesto children until such statutoryinstruments are introduced whichnot only explain andenable the provisions ofthe Act of 2000 but alsorepeal the conflictingpre-existing law.Until the coming intoforce of the JuvenileJustice Act 2000, theonly legislation enablingadoption was the HinduAdoptionandMaintenance Act 1956(HAMA). According theprovisions of the Actonly Hindus (which asper the definition givenin the Act also includesBuddhists Sikhs, andJains), can adopt, givein adoption or be adopted.The Muslims,Christians, Jews and41 combat law • April - May 2004A new Codethat encouragesadoptionof childrenhaving haveadequate safeguardsto preventany incidentof traffickingorexploitation ofthe child is theneed.Sarva Siksha Abhiyaan (educationfor all)Parul Sharma is currently workingwith the Human Rights LawNetwork in New Delhi as a seniorlegal adviser. She has worked for theSwedish Foreign Ministry, and as aHuman Rights Adviser with theEuropean Commission in India.CLParsis could only become guardiansof a child under the Guardian andWards Act 1890 (GAWA). While theHAMA gives the status of a naturalborn child to an adopted child on thecompletion of the adoptionprocedure, the fiduciary relationshipestablished under the GAWAbetween the guardian and ward doesnot do so. For instance, unlessexpressed in the will, a person takenunder guardianship by a family cannotclaim property afterthe death of the parents.He has no legalrights incase of intestatesuccession.Further, on attainmentof majority of the ward,the powers of aguardian cease.Lawyers, socialactivists, adoptionsagencies and thosewanting to adopt a childfor various reasonshave criticized theHAMA. Firstly, a marriedwoman can onlyconsent to an adoptionby her husband. Shecannot initiate theprocess herself.Secondly, according to