“Air India stand on adoption not in consonance with Constitution”

[sajiv]

"Air India stand on adoption not in consonance with Constitution"

CHENNAI: Aspiring parents who intend to adopt children, without being inhibited by their personal laws, are entitled to do so in terms of the Juvenile Justice (Care and Protection of Children) Act, the Madras High Court ruled on Tuesday.

As seen from its preamble, the JJ Act itself was enacted to fulfil international obligations as well as the constitutional goal, the court said.

R. R. George Christopher and Kristy Chandra, Christians, moved the court seeking to be guardians of a female child, Gwyneth Dhanya (aged two-and-a-half ). They prayed for the legal custody of the child for adoption, fostering, bringing up and maintenance by them. The court granted them permission in September 2007. The applicants stated that after getting guardianship, they adopted the child as per Christian rites and customs, since the Canon Law permitted such adoption.

Mr.Christopher, an employee of Air India, approached his employer to get due benefits for the child. The company informed him that since the child was not legally adopted and the petitioners were only guardians, no benefit would accrue to it. Hence, the present application for a direction that the child was entitled to all legal rights, including the right of inheritance, as if it was a biological child.

Air India, in its counter, submitted that the Directorate of Social Welfare had stated on the subject of Child Adoption that Christian law did not recognise complete adoption. As non-Hindus did not have an enabling law to adopt a child legally, those desirous of adopting a child could only take the child in guardianship under the Guardian and Wards Act.

Allowing the application, Justice K.Chandru said the stand taken by the company was not in consonance with the Constitution and various judicial pronouncements. The Canon Law, applicable to applicants, provided for adoption if the civil law of the country permitted the same.

The applicants had got the guardianship order and subsequently performed the necessary rites for adopting the child. Instead of encouraging people to adopt children to rehabilitate and reintegrate them, Air India had come up with an argument that was spurious. "It further shows their insensitiveness and ignorance regarding the development of law in this country."

Mr.Justice Chandru directed Air India to recognise the child as that of the applicants and confer all benefits available to a child of Air India staff forthwith.