Introduction
It is discontent to see the discrimination single men experience when it comes to adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015, in a time when debates over same-sex marriage are being held to determine their legality and societal acceptance. According to Section 2(2) of the Act, “adoption” is the procedure by which a child is legally adopted from their biological parents and permanently cut off from their biological parents. However, Section 57(4) of the Act prohibits unmarried males from adopting a female child, a restriction that runs against egalitarian values and our society's shifting social dynamics.
Every child has the right to a life that meets their fundamental requirements and in which they are given the care, protection, growth, treatment, and social reintegration they require. When making decisions and handling cases involving children, it is crucial to have a child-friendly approach that prioritizes their welfare and rehabilitation for abiding the preamble of the act. Adoption offers a helpful alternative for controlling population growth and ensuring the welfare of children, particularly in a nation like India where the COVID-19 pandemic has made it particularly difficult for women to find employment.[1]
Fighting Discrimination in Adoption
In a time when same-sex marriages are becoming more accepted by society, why should marriage be a requirement for males to adopt a female child? Contrary to the egalitarian ideals and the shifting social climate, unmarried males are discriminated against in adoption. India, with its young, predominately male workforce, shouldn't restrict unmarried men's ability to adopt a girl child as even after pandemic they are more capable financially to provide a better life compared to female. Denying them the chance to provide a kid with a caring and nurturing atmosphere is against the rights of the child as well as an unmarried man.
Promoting the rights and wellbeing of children
Although there is cause for worry over rape and child abuse, the right of a kid to a healthy and quality life must always come first. Because even shelter homes, where children are housed, contain male staff and they as well commit the heinous crimes like rape; therefore this argument against single males adopting a girl kid is unacceptable. Additionally, some shelter houses offer living conditions that are below acceptable norms. To guarantee a high-quality and livable existence for every kid in need, regardless of their gender or the gender of their adoptive parents, it is imperative to update the child's right framework.[3]
The Vision for a Developed India
In order to achieve the goal of a developed India by 2040, it is crucial to solve population control issues and change societal attitudes. When it comes to adoption, gender shouldn't be a deciding factor; instead, the emphasis should be on fostering a supportive and loving home for every kid. Giving unmarried men the ability to adopt a girl child would not only aid in population control but also ensure that worthy kids have the chance to succeed as productive members of society.
Conclusion
It is now high time that the discriminatory restrictions of the Juvenile Justice (Care and Protection of Children) Act, 2015, preventing unmarried males from adopting a girl child, be addressed. Adoption must be an inclusive procedure that welcomes single men as capable and loving parents in light of the ideals of equality and justice as well as the evolving social climate. We can build a future where every kid has the chance to flourish and contribute to the growth of our country by questioning the social conventions that are now in place and advocating for adoption equality. We can make sure that children in need live the lives they deserve as proud members of our nation via a change in mindset and government actions. Together, let's create a culture where every child's right to a good life is upheld and safeguarded, regardless of their gender or that of their adoptive parents.
[1] Smarat Sharma, Oct 28, 2021, The India Today, Job loss in women-centric sectors, family care & more: Why young female workers were worst hit by Covid (2 July -2023) https://www.indiatoday.in/diu/story/job-loss-in-women-centric-sectors-family-care-more-why-young-female-workers-were-worst-hit-by-covid-1870701-2021-10-28. [2] Supra Neeraj Chauhan [3] Jan 09, 2020 Hindustan Times, https://www.hindustantimes.com/india-news/30-rise-in-sexual-abuse-of-young-women-in-shelter-homes-ncrb-annual-report/story-OApm3FPeP0ZUsha5IWdKuK.html. (1 July-2023)
Authored by: Naina Chudasama and Akshay Sinh Chudasama
Unitedworld School of Law, Karnavati University
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