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Adoption norms may be eased for women .........Mahendra Kumar Singh & Himanshi Dhawan
New Delhi: In a move that will empower women to take up guardianship and adopt irrespective of their marital status, the Union cabinet will consider amendments to the Guardians and Wards Act, 1890 (GAWA) and Hindu Adoption Maintenance Act, 1956 (HAMA) on Wednesday.
At present, if a couple adopts a child, it is the man who is the guardian. The proposed amendments will make the status of the guardian gender-neutral. They will also make it easier for men and women living separately from their spouse, though not formally divorced, to adopt. However, the consent of the spouse will be mandatory to adopt. According to the Central Adoption Resource Agency (CARA), officially, 6,000 children are up for adoption at present, but activists say the numbers are much higher. Added to that are the unaccounted number of children living on the streets, abandoned or deserted children and children of migrant workers and commercial sex workers. While the government recognizes these children to be in need of care, little is done in that direction. Baby Steps Union cabinet to consider amendments to the Guardians and Wards Act, 1890, and the Hindu Adoption Maintenance Act, 1956 If cleared, it will empower women to adopt irrespective of their marital status. It will also make it easier for men separated from their wives to adopt NGOs and activists have hailed the move. They, however, say the laws must be overhauled first and the planned changes benefit kids ADOPTION LAWS NGOs hail govt move, but advise caution New Delhi: Welcoming the proposed amendments to laws on adoption in the country, Law Commission member Kirti Singh said the legislations may require an overhaul. “The proposed amendments to the Guardians and Wards Act, 1890 is good as at present, the law privileges men over women. But the Act is old and must be changed. Adoption is a child’s right and the society must allow adoption on better terms than it does now,’’ she said. Singh added that there were a lot of lacunas in the Hindu Adoption Maintenance Act, 1956 as well which should be removed. NGOs have welcomed the move, but advised caution. Pratidhi’s Raj Mangal Prasad said, “Laws must be made flexible for children in need of care and protection. But the monitoring mechanism should be in place so that it is not misused.’’ Jerry Pinto from Butterflies, said the amendments would open doors to abandoned or destitute : children who are currently confined to “non-caring’’ institutions. “we must be careful. How do you balance the vital roles that both parents play? There are many cases of single parents, but it is an abnormal situation and not healthy for the child. Parents must make arrangements to make up for the absence of the other spouse,’’ he said. |
