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EDITORIAL ANALYSIS:A Progressive UCC must protect the child's best interest

A Progressive UCC must protect the child's best interest

 
 
Source: The Hindu
For Prelims: Uniform Civil Code (UCC), POCSO Act, Child Welfare Commission (CWC)
For Mains: Child custody and the biological link, Guardians and Wards Act, 1890
 
Highlights of the Article
Uniform Civil Code (UCC)
Juvenile Justice Act
Hindu Minority and Guardianship Act
 
Context
At a time when the government may bring in a Uniform Civil Code (UCC) by holding a special session of Parliament on September 18-22, 2023, there is a need to think beyond polygamy and divorce and other such issues
 
UPSC EXAM NOTES ANALYSIS
 
 
1.Uniform Civil Code (UCC)
  • The Uniform Civil Code (UCC) is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless of their religion, gender and sexual orientation. Currently, personal laws of various communities are governed by their religious scriptures.
  • Implementation of a uniform civil code across the nation is one of the contentious promises pursued by India's ruling Bharatiya Janata Party.
  • Personal laws are distinguished from public law and cover marriage, divorce, inheritance, adoption and maintenance.
  • The idea of a UCC was first mooted by the framers of the Indian Constitution in 1947. However, it was not included in the Fundamental Rights, but in the Directive Principles of State Policy, which are non-binding.
  • This is because the framers of the Constitution were aware of the sensitivities around the issue and did not want to force a uniform code on the people.
 
2. Laws regarding Guardianship and Custody of a Child

In India, several acts and laws govern the guardianship and custody of children. These laws are in place to protect the rights and welfare of children in various situations. Here are some of the key acts and laws related to guardianship and custody of children in India:

  1. The Hindu Minority and Guardianship Act, 1956:

    • This act applies to Hindus and governs matters related to the guardianship of minor children.
    • It outlines who can be a natural guardian of a Hindu minor and specifies the order of preference among natural guardians.
    • The act also deals with the powers and responsibilities of guardians, including those appointed by the court.
  2. The Guardians and Wards Act, 1890:

    • This is a secular law applicable to all citizens in India, irrespective of their religion.
    • The act provides the legal procedure for appointing guardians for minors and their property.
    • It allows the court to appoint guardians for minors in cases where the parents are unable to fulfill their responsibilities or when disputes arise.
  3. The Muslim Personal Law (Shariat) Application Act, 1937:

    • This act applies to Muslims in India and deals with matters of personal law, including guardianship and custody.
    • Under Muslim law, the father is usually the natural guardian of a minor child, but the welfare of the child is considered paramount when making custody decisions.
  4. The Christian Guardianship Act, 1850:

    • This act applies to Christians in India and deals with the appointment of guardians for minor children and their property.
  5. The Parsi Marriage and Divorce Act, 1936:

    • This act applies to Parsis in India and governs matters related to marriage, divorce, guardianship, and custody among Parsi families.
  6. The Special Marriage Act, 1954:

    • This act applies to marriages between individuals of different religions or those who do not wish to follow their personal laws.
    • It contains provisions related to the custody and guardianship of children born to couples married under this act.
  7. The Juvenile Justice (Care and Protection of Children) Act, 2015:

    • This act primarily focuses on the care and protection of children in conflict with the law or in need of care and protection.
    • It includes provisions for the appointment of guardians or foster parents for children in need of care and protection.
  8. The Protection of Children from Sexual Offences (POCSO) Act, 2012:

    • While primarily concerned with addressing sexual offenses against children, this act also recognizes the importance of the welfare and protection of the child victim. It includes provisions for support and protection.
3.Adoption Laws in India

The Juvenile Justice (Care and Protection of Children) Act, 2015, is an important piece of legislation in India that focuses on the care, protection, and rehabilitation of children in need of care and protection, as well as children in conflict with the law. It addresses various aspects of child welfare, including adoption.

Here's how the Juvenile Justice Act is related to adoption in India:

  1. Adoption under the Juvenile Justice Act:

    • The Juvenile Justice Act, 2015, provides for the adoption of children who are either orphaned, abandoned, surrendered by their parents, or in need of care and protection.
    • It establishes specialized adoption agencies and procedures for the adoption of such children.
  2. Central Adoption Resource Authority (CARA):

    • CARA is the central authority in India responsible for regulating and monitoring the adoption process across the country.
    • It works in coordination with state adoption agencies and ensures that adoption procedures are followed as per the provisions of the Juvenile Justice Act.
  3. Eligibility Criteria for Adoptive Parents:

    • The Act lays down certain eligibility criteria for individuals or couples seeking to adopt a child. These criteria may include factors such as age, marital status, and financial stability.
    • It also promotes non-discrimination in adoption, allowing single parents and couples with biological children to adopt.
  4. Procedure for Adoption:

    • The Juvenile Justice Act outlines the procedure for adoption, including the registration of prospective adoptive parents, the home study report, and matching of children with adoptive parents.
    • It also emphasizes the importance of preparing children for adoption and ensuring their best interests are safeguarded throughout the process.
  5. Role of Child Welfare Committees:

    • Child Welfare Committees (CWCs) play a crucial role in the adoption process. They determine the eligibility of children for adoption and recommend their placement in suitable adoptive families.
    • CWCs also ensure that the child's best interests are paramount in all adoption decisions.
4. Conclusion
A Progressive UCC should not Overemphasise biological ties. It must protect the rights of adoptive parents otherwise people would not adopt children 
Similarly, it should not insist on the matrimonial bond between parents and should ideally make provision for Guardianship even for a single-parent, surrogate parent and queer parents
 
 
 
Practice Questions
1.Discuss the key provisions and significance of the Juvenile Justice (Care and Protection of Children) Act, 2015, in the context of adoption in India. How does it promote the welfare of children? (15 marks)
2.Examine the challenges and ethical concerns associated with adoption practices in India. What measures can be taken to address these challenges and ensure the ethical adoption of children? (20 marks)

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