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There is a need to include LGBTQ community in adoption law, Parliamentary committee recommends

Highlights

The committee believes that the LGBTQ community should also be included in the new law.
Regarding the law of adoption of children, the committee has said that there is a need to bring a uniform and comprehensive law on the process of adoption.
The adoption process prescribed under HAMA is simpler and takes less time as compared to that prescribed in the JJ Act.

New Delhi. Parliament’s Standing Committee on Personnel, Public Grievances, Law and Justice has said that there is a need to bring in a uniform and comprehensive legislation on the procedure for adoption of children. The committee said on Monday that the law should apply to all irrespective of religion, including the LGBTQ community. The Parliamentary Standing Committee headed by BJP leader Sushil Modi has made this recommendation while reviewing the ‘Guardian and Ward Act’. The committee also said that such a law should be more transparent, accountable, less bureaucratic and applicable to all irrespective of religion.

The Standing Committee in its report on ‘Review of Guardianship and Adoption Laws’ has observed that the Hindu Adoption and Maintenance Act (HAMA) and the Juvenile Justice Act (JJ Act) have their merits and demerits. The committee has further observed that though the process of adoption as prescribed under HAMA is easy and takes less time as compared to the time prescribed in the JJ Act. Adoption under the JJ Act is transparent, accountable and verifiable, but the committee has also underlined that the adoption regulation framed under the JJ Act provides for an elaborate process with inordinate delays.

According to the committee, there is a need to harmonize both the laws and bring a uniform and comprehensive law on adoption to make the process of adoption easier and less cumbersome. Law should be more transparent, accountable, verifiable, less bureaucratic and applicable to all, irrespective of religion.

The committee has said in the report that the new law may prescribe separate adoption procedures for institutional children and children living with the family. With respect to adoption by relatives, the adoption process should be more flexible and simpler and involve less documentation. The committee believes that the LGBTQ community should also be included in the new law.

Tags:, Sushil Modi

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