JESHY C.O. Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Sri.Dinesh R.Shenoy, the learned counsel appearing for the appellant/petitioner. The learned Central Government Counsel Sri.B.Ramachandran appears for the respondents 1 and 2. The learned counsel Sri.C.S.Dias appears for the respondents 3 and 4 in this proceeding.

(2.) The appellant is the writ petitioner and he challenges the judgment dated 5.12.2018 in the W.P.(C)31780/2016. In that case, the petitioner challenged the guidelines governing adoption and more particularly, the maximum age restriction for the prospective adoptive parents (couple), prescribed under clause 5(4) of the Adoption Regulations, 2017, hereinafter referred to as 'the Adoption Regulation'.

(3.) The writ petitioner, who is a non hindu aged about 50 years when the writ petition was filed, contended that the Regulation 5(4) discriminates against her right to adopt inasmuch as, Hindu parents are permitted to adopt in terms of the provisions of the Hindu Adoption and Maintenance Act, 1956 hereinafter referred to as 'the Hindu Adoption Act'. No such restrictive clause is imposed on a hindu person whereas a non hindu is disabled from adopting a child of less than four years of age, if the composite age of the adoptive parents is greater than what is prescribed under the Regulation 5(4) of the Adoption Regulations, 2017.