District Judge interview Prep: Judicial Oversight in Adoption of Child : What Every District Judge Should Know about HAMA and JJ Act?

 Question 1

Explain the current status of the Bombay High Court’s stay order on transferring adoption cases from courts to District Magistrates. How does it impact the jurisdiction of District Judges?

Answer:

The Bombay High Court issued an interim stay in January 2023 on the transfer of adoption cases from courts to District Magistrates under the Juvenile Justice (Care and Protection of Children) Amendment Act 2021. This stay remains effective as of 2025, preserving the jurisdiction of District Judges. Adoption proceedings continue before District Courts and High Courts, ensuring that the court-centric approach and judicial oversight remain intact.

Question 2

What is the scope of jurisdiction of the District Judge under the Hindu Adoption and Maintenance Act, 1956 (HAMA) for adoption within Hindu families?

Answer:

District Judges have jurisdiction primarily in adoption cases under HAMA where court approval is mandated by Section 9(4), which includes scenarios such as death or abandonment of the child’s parents. In typical family adoptions between Hindus, no court permission is needed, and the adoption can be effected by execution of a registered adoption deed complying with statutory requirements.

Question 3

Under HAMA, when is court permission mandatory for adoption? Cite relevant sections.

Answer:

Court permission is mandatory under Section 9(4) of HAMA if:

·       Both parents are dead, or

·       Both parents have renounced the world, or

·       Both parents have abandoned the child, or

·       Both parents have been declared of unsound mind by a competent court, or

·       The parentage of the child is unknown.

These exceptions require judicial sanction to ensure child protection.

Question 4

What role does the Central Adoption Resource Authority (CARA) play in adoption proceedings, and when is its permission required?

Answer:

CARA regulates institutional adoption under the Juvenile Justice Act. CARA’s permission is compulsory for adoptions involving orphaned, abandoned, or surrendered children placed through registered adoption agencies. However, CARA does not regulate interse family adoptions under HAMA, where parties need not seek CARA permission.

Question 5

Compare the procedural and jurisdictional differences between adoption under HAMA and the Juvenile Justice (Care and Protection of Children) Act, 2015.

Answer:

·       HAMA: Minimal court intervention limited to specified cases, no CARA involvement for family adoptions, focuses on Hindu families and traditional adoptions, registered adoption deed often sufficient.

·       Juvenile Justice Act: Mandatory court adoption orders for all institutional adoptions, CARA regulation compulsory, applies to all religions, strong institutional oversight.

Question 6

Discuss the difference between adoption orders under the Juvenile Justice Act and adoption deeds under HAMA.

Answer:

Under the Juvenile Justice Act, adoption requires a mandatory court order that legally validates the adoption. Under HAMA, for most family adoptions, a registered adoption deed suffices unless Section 9(4) conditions apply, when court approval becomes necessary.

Question 7

Distinguish institutional adoption and interse family adoption with reference to legal framework and procedure.

Answer:

·       Institutional adoption: Involves orphaned or abandoned children, processed through CARA-regulated agencies and requires court orders under the Juvenile Justice Act.

·       Interse family adoption: Adoption between relatives under HAMA without mandatory CARA involvement or court orders in normal cases, emphasizing family autonomy.

Question 8

Which statute governs the adoption of a brother’s child in a Hindu family and why?

Answer:

The Hindu Adoption and Maintenance Act, 1956 governs such adoption since it falls under interse family adoption within Hindu personal law. CARA and Juvenile Justice Act provisions do not apply in this family-specific context.

Question 9

Explain the principle of harmonious construction regarding HAMA and the Juvenile Justice Act adopted by courts.

Answer:

Courts hold that HAMA and the Juvenile Justice Act must be read harmoniously without conflict. Each statute governs distinct adoption scenarios—HAMA for family adoptions and JJ Act for institutional adoptions—ensuring complementary child welfare systems without jurisdictional conflicts.

Question 10

What procedural challenges arise from the Juvenile Justice Act amendments and Bombay High Court’s judicial intervention?

Answer:

Challenges include jurisdictional confusion between courts and District Magistrates, inconsistent procedural practices, and concerns regarding judicial oversight and constitutional separation of powers. The Bombay High Court’s stay safeguards court jurisdiction, ensuring procedural clarity.

Question 11

As a District Judge, how would you adjudicate an adoption petition of a relative’s child under HAMA? What documentation is required?

Answer:

Check whether Section 9(4) applies requiring court approval. Verify statutory compliance, family relationship proof, consents, and ensure execution and registration of the adoption deed if no court order is needed.

Question 12

How does the Juvenile Justice Act extend adoption rights beyond religious boundaries compared to HAMA?

Answer:

The JJ Act applies universally to all religions and runs a secular adoption framework. HAMA applies solely to Hindus, Buddhists, Sikhs, and Jains and does not extend adoption rights beyond these communities.

Question 13

Define the age limits for adoptable children under HAMA and the Juvenile Justice Act and explain the differences.

Answer:

HAMA generally limits adoption to children under 15 years (with some customary exceptions). The Juvenile Justice Act extends eligibility to children under 18, providing a broader protective framework.

Question 14

How would you maintain procedural consistency and child welfare standards when handling adoption cases under both HAMA and the Juvenile Justice Act?

Answer:

Ensure statutory compliance per each Act. For HAMA, verify family-based procedural correctness and deed registration. For JJ Act, confirm CARA involvement and court adoption orders. Always prioritize the child's welfare and legal safeguards.

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