Supreme Court of India · 2014-02-19
M/S SHABNAM HASHMI vs UNION OF INDIA .
- Citation / case number
- SC 2005/17234
- Court
- Supreme Court of India
- Petitioner
- M/S SHABNAM HASHMI
- Respondent
- UNION OF INDIA .
- Author
- RANJAN GOGOI
- Bench
- P SATHASIVAM,RANJAN GOGOI,SHIVA KIRTI SINGH
Judgment text excerpt
The Supreme Court recognized the right to adopt and be adopted as a fundamental right under Article 21 of the Constitution, emphasizing the need for an optional law that prioritizes the child's welfare over considerations of religion, caste, or creed. The Court noted the evolution of adoption law through the Juvenile Justice (Care and Protection of Children) Act, 2000 and its amendments, which provide a framework for adoption and the establishment of the Central Adoption Resource Agency (CARA). The judgment builds on the precedent set in Lakshmi Kant Pandey Vs. Union of India, reinforcing the importance of protecting children's interests in adoption processes.