EXPLORING THE DIVERGENCE AND CONVERGENCE BETWEEN HINDU AND SECULAR ADOPTION LAWS IN INDIA: A CRITICAL REVIEW

Abstract

The Hindu Adoption and Maintenance Act (HAMA) and the secular Juvenile Justice (Care and Protection of Children) Act (JJ Act) in India are two sets of laws that regulate adoption. This research explores the similarities and contrasts between these two sets of regulations. The critical assessment of the historical, legal, and social contexts of both theories demonstrates India's complex religious diversity and evolving perspective on child welfare. This is shown by the fact that both theories reflect India's intricate religious diversity. HAMA is heavily focused on Hindu religious customs and rituals, with an emphasis on family lineage and cultural preservation. This is in contrast to the JJ Act, which is centred on children and is of a secular character. Regardless of the social standing or religious affiliation of the family, the JJ Act seeks to safeguard the rights and well-being of children. This is the primary objective of the legislation. There is an increasing convergence between the two legal systems, despite the fact that these fundamental differences exist. Especially when it comes to protecting the rights of children and addressing the deficiencies in the adoption process, this is something that is especially true. A number of significant issues, including discrimination based on gender, inefficient bureaucracy, adoption agencies, and the stigma that exists in Indian society, are discussed in the research findings. Additionally, it dives into the need of legislative revisions to align these laws, offering a unified approach that prioritises the best interests of the child while simultaneously resolving the difficulties that arise between religious values and modern child welfare procedures.