Adopted child entitled to adoptive parents’ caste: Bombay High Court

The Bombay High Court has held that an adopted child needs is entitled to the same caste status as the adoptive family and denial of such recognition would leave the child’s future in limbo [Adoptive mother v. State of Maharashtra & Ors.]

A division bench of Justices MS Karnik and SM Modak held that once the process of adoption is completed under the Juvenile Justice Act, the child becomes the legitimate child of the adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship.

“The adopted child needs to be given a legal status as being the child of adoptive parents. The Petitioner’s adoptive parents belong to Special Backward Category. Adopted child has to be given the same status”, the bench held.

The division bench was deciding a petition filed by a woman whose adopted son was denied a caste validity certificate despite an earlier caste certificate issued in his favour as a member of the Special Backward Category based on her status.

The minor had been abandoned at birth and was later adopted by the mother and her husband with an order of the District Court at Pune of August 22, 2014 passed under the Juvenile Justice (Care and Protection of Children) Act, 2000 (JJ Act, 2000).

The District Court’s adoption order declared the couple as the minor’s adoptive parents and directed the Pune Municipal Corporation to issue his birth certificate showing them as his parents.

It also mandated financial safeguards including a life insurance policy and recurring deposits in his name until he attained majority.

In June 2017, the Deputy Collector of Pune granted the child a caste certificate reflecting the adoptive mother’s Special Backward Category status.

However, an anonymous complaint prompted the sub-divisional officer to cancel this certificate in February 2018. This decision was later upheld by the caste scrutiny committee in December 2018.

The adoptive mother challenged this before the Bombay High Court.

The State argued that the Maharashtra Caste Certificate Act, 2000 and its 2012 Rules contain no specific provision for issuing caste certificates to adopted children.

The Court relied on the JJ Act of 2000 and the amended 2015 Act to note that adoption under this framework permanently severs ties with the biological family and creates new ties with the adoptive family.

“When the process of adoption is completed, the adopted child becomes legitimate child of the parents and all rights, privileges and responsibilities are bestowed on him which are attached to that relationship,” the court held.

It also added that if such right is not bestowed on the child, his future will remain in limbo and will be in dark.

Accordingly, the Court directed the scrutiny committee to issue a caste validity certificate to the minor as a member of the Special Backward Category within four weeks from the order.

Advocates Yash Agarwal, Disha Rathod, Ruturaj Bethe briefed by Vaibhav Kulkarni appeared for the adoptive mother.

Additional government pleader GR Raghuwanshi appeared for the State.

[Read Order]