Muslim man can't be denied adoption rights under Juvenile Justice Act: Delhi court allows custody parole to terror accused

Merely because a person is a Muslim and governed by personal laws on various issues, he cannot be debarred from availing the rights of Juvenile Justice (Care and Protection of Children) Act, a Delhi court recently held [State v. Ashabuddin]..Additional Sessions Judge Dharmender Rana allowed the man custody-parole to travel to Haryana for signing adoption papers.“I concur with the defence counsel that merely because the applicant/accused happens to be Muslim and governed by personal laws on various issues, he cannot be debarred from availing the rights conferred upon him by general and benevolent legislation like Juvenile Justice (Care and Protection of Children) Act, 2000,” the Court held.The judge was acting on a plea filed by Ashabuddin, who is jailed in a terror and criminal conspiracy case being probed by the Delhi Police's Special Cell, and registered under the Unlawful Activities (Prevention) Act and the Indian Penal Code, respectively. The accused, through his lawyer, sought the reprieve on the ground that he was required to visit the office of Tehsildar in Nuh, Haryana for signing adoption papers..The prosecution opposed the plea stating that in Islam, adoption is not legally permissible and therefore the very ground for custody parole is “specious”. It was submitted that personal laws are applicable in issues related to adoption, and the application deserved to be dismissed.In rebuttal, the defence counsel referred to Shabnam Hashmi v. Union of India and others decided on February 19, 2014, to contend that although under personal rules, adoption is not permissible in Islam but under the provisions of Juvenile Justice (Care and Protection of Children) Act even a Muslim is entitled to adopt a child and the rights of the accused cannot be negated on the ground that he is facing trial..Allowing the accused’s plea, the Court directed the Jail Superintendent concerned to take the him on custody parole to the office of Tehsildar, Nuh, Haryana on April 1, 2022, from 10 am to 2 pm, excluding travel time..“The Jail Superintendent concerned is requested to make all necessary arrangements in this regard. It is hereby clarified that the expenses incurred on account of custody parole shall be borne by the applicant/accused,”..Advocate Qausar Khan represented the accused. Additional Public Prosecutor Irfan Ahmed appeared for the State..[Read Order]