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India: Supreme Court gives Muslims right to adopt a child

Wednesday 19 February 2014, by siawi

Dhananjay Mahapatra,TNN

Feb 19, 2014, 11.04 AM IST

Source: http://webmail1c.orange.fr/webmail/fr_FR/inbox.html?FOLDER=SF_INBOX

The apex court said that the laws of land has to get primacy over personal law.

NEW DELHI: In a landmark judgment, the Supreme Court has given Muslims the right to adopt a child despite their personal law prohibiting it.

The apex court said on Wednesday that the laws of land has to get primacy over personal law till the country achieves Uniform Civil Code as provided in Article 44 of the Constitution.

The SC bench said the right to adoption is conferred by a law and operation of this cannot be stultified by a personal law dictate.

The SC judgment comes on an 8 years old petition by Shabnam Hashmi who had approached the apex court after being refused permission to adopt.

Though the SC said all individuals have a statutory right to adopt a child, it said the time is not ripe to declare the right to adopt a fundamental right