Divided Dharma and Adoption Laws in India
| Author | Harneel K Lally |
Divided Dharma and Adoption Laws in India
Harneel K Lally
In India, the law of adoption is governed by the Hindu Adoptions and Maintenance Act, 1956
(HAMA). This act regulates the adoption of Hindus, Buddhists, Jains, and Sikhs. This article will
also discuss the process of adoption, which includes the qualifications and requirements of both
adopter and adoptee. The analysis will include how modern -day Indian adoption statutes, in
particular, the HAMA, do not reflect the practices and guidelines traditionally held in Hinduism,
Buddhism, Jainism, and Sikhism. Furthermore, as evidenced by court cases, these religious and
contemporary laws fail to reflect actual desires of the Indian people.
Introduction
The birth and upbringing of Kabir, the beloved 15th century Indian poet and saint, has long
remained a mystery. Revered by Hindus, Muslims, and Sikhs, it is rumoured that he was born to
an unwed Brahman woman who abandoned him at birth. Found by a lake in Varanasi, he was
adopted and raised by Muslim weavers.
1
Had Kabir been born and raised in modern-day India, his adoption by Muslim parents would
have been illegal. The law of adoptions in India, governed by the Hindu Adoptions and
Maintenance Act 1956, hereafter referred to as HAMA, forbids such interreligious adoptions. This
act regulates the adoption of Hindus, Buddhists, Jains, and Sikhs. For the purposes of this paper,
I refer to adoption specifically in terms of its feasibility, which includes the qualifications and
requirements of both adopter and adoptee.
This paper will explore h ow modern-day Indian adoption law, particularly the HAMA, do not
reflect the practices and guidelines traditionally held in Hinduism, Buddhism, Jainism, and
Sikhism. As evidenced by court cases, these religious and c ontemporary laws fail to reflect the
realities of the Indian people and their desires. Islamic adoption has been excluded from this
research as it is conceptually recognized to be limited guardianship and is not covered under the
HAMA.
Hindu Religious Law and Adoptions
Hindu law is significantly unstructured, pulling its authority from a variety of sources with
varying degrees of influence contingent upon the region and time period. The lack of formalities
in the recognition of Hindu law, even prior to the British attempt to codify it under colonial rule,
1
Rohit Mehta, Krishnamurti and Sant Kabir: a study in depth (1st edn, Motilal Banarsidass Publishers
1990) 1.
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