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What the law says
Section 9 (4) of the Hindu Adoptions and Maintenance Act (amended in 1962) enacted by Parliament does not apply to J&K. Section 9 (4) of the Central Act provides for the adoption of an abandoned child and where the parentage of the child is not known. However, the Jammu and Kashmir Hindu Adoptions and Maintenance Act, 1960 is silent about the adoption of an abandoned child and where parentage of child is not known.
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What minister says
Law Minister Ali Mohammad Sagar said this was not in his notice. “I think adoption should be allowed. We will study the provisions in other states and discuss what can be done here,” he said. Mohammad Issac Qadri , Advocate General, said he wasn’t aware why the law of adoption was such. “But yes, remedial measures should be taken by bringing a proper legislation.”
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Jammu, November 13
Arti of Doda used to get excited to see visitors in the Bal Ashram. A 10-year-old girl lost her parents in a blast in Kishtwar. She had a hazy idea picked from movies and serials that couples often visit orphanages or bal ashrams to adopt a child.
However, within a few days of her arrival in the ashram, she realised this was not possible in the state. A strange rule says a childless couple can adopt a child from some other couple, but orphans or abandoned children can’t be adopted.
Thousands of children, rendered orphan due to militancy, natural disasters like earthquakes or road accidents, are living in the state. The law of the land prevents the bal ashram authorities from allowing the adoption of children even as several interested couples queue up time and again.
Though there is no official statistics about the number of orphans in Kashmir, different surveys claim the figure to be more than 50,000. Sources in the Social Welfare Department said the number could be much more now, as the surveys were quite old. There are about 40 main orphanages spread all over the state. Many of these are branches of the Yateem Trust, Kashmir, SOS villages, Jammu, and bal niketans.
The official said the reason for not allowing adoption was rooted in the kashmir conflict itself. “It is feared that if people from outside adopt children, it would
affect the strength of a community in the state. Also, it is feared that children from other states could be brought here through adoption laws and that could again affect the demography of the region.
Besides, even children found abandoned on roads can’t be adopted. Rohit Kapoor, a senior advocate, explains “only parents can give consent for the adoption of a child, which in most of the cases is given to childless couple close to the parents. And orphans don’t have parents!”
Capt (retd) Purshottam Sharma, secretary, Bal Ashram, Amphala, is quite perturbed over the law. “Hundreds of childless couple come here for adopting children here. However, as the law does not allow it, we are helpless. We have militancy-affected children. Many of them are bitter and nurse grudges and often talk of taking revenge. It is only love and care of parents that can end their bitterness.”
It is left to NGOs, SOS homes and bal ashrams here to take care of such children. Mehmood Rana, Director Social Welfare of the state, said the custody of orphans and abandoned children were being given to NGOs or SOS homes. “We fund them for taking care of the children.”
