Sonika sahay biography of michaels

Share on email Email. Share on linkedin LinkedIn. Share on twitter Twitter. Prev Previous Brijendra Singh vs. Next Manju Sharma vs. Vipin Case Summary Next. Recent Posts. The requisites of a valid adoption are specified in Section 6. Among them is the requirement that the person adopting must have the capacity and the right to take in adoption while the person adopted must be capable of being taken in adoption.

Sub-section 4 of Section 9 contains a reference to children who have been abandoned by providing that in such a case the guardian of the child is empowered to give the child in adoption with the previous permission of the Court to any person including the guardian himself. For a person to be adopted, Section 10 provides that i the person should be a Hindu; ii the person should not already have been adopted; iii the person should not have been married unless there is a custom or usage to the contrary; iv the person should not have completed the age of fifteen, unless there is a custom or usage to the contrary.

Section 11 provides that in every adoption certain conditions must be complied with. Clauses i and ii of Section 11 are as follows:. What these clauses stipulate is a prohibition on the adoption of a child of the same gender where the adoptive father or mother already have a child living at the time of the adoption.

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Article 15 of the Constitution empowers the State, in Clause 3 ,to make special provisions for women and children. Article 39 is part of the Directive Principles of State policy. Clause e of Article 39 directs the State in framing its policies to secure that the tender age of children is not abused. In Clause f the State has to ensure that children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity so as to ensure that childhood and youth are protected against exploitation and against moral and material abandonment.

By Article 45 the State has to endeavour to provide early childhood care and education for all children until they complete the age of six. Article 47 requires the State to raise levels of nutrition. Under Article 51A it is the fundamental duty of every citizen who is a parent or guardian to provide opportunities for education to his other child or, as the case may be, ward between the age of six and fourteen.

Fundamental as they are in the governance of the country, these provisions are part of a sensitive vision of the founding fathers. The human tragedy of the exploitation of children, of child abuse and of malnutrition among children was in contemplation as these provisions were drafted. Those provisions are a composite part of our constitutional ethos which places freedom and dignity as one of the foremost values of governance in civil society.

Freedom and dignity of the young must count above all. The young are amongst the most vulnerable to disease and deprivation which follow upon abandonment and isolation. Poverty has no religion. India ratified the Convention on the Rights of the Child on 11th December, Article 3 of the Convention provides that in all actions concerning children, whether undertaken by public or private social welfare institutions, Courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

All States have undertaken to ensure to children such protection and care as is necessary for their well being and to take all appropriate legislative and administrative measures. Article 20 of the Convention provides that a child temporarily or permanently deprived of his or her family environment shall be entitled to special protection and assistance provided by the State.

Such care could include foster placement and adoption amongst other alternatives. Under Article 21 States who are parties to the Convention recognised that the system of adoption shall ensure that the best interests of the child shall be the paramount consideration. The Preamble to the Act makes reference to several constitutional provisions which have a bearing on the welfare of children and to the obligation assumed by India as a responsible member of the international community.

The Act as now enacted is intended to provide effective provisions and various alternatives for rehabilitation and social reintegration such as adoption, foster care, sponsorship and aftercare of abandoned, destitute, neglected and delinquent juveniles and children. The Act was amended in in order to effectuate the beneficial objects of the legislation and in order to remove the anomalies which had arisen in the implementation of the Act.

Section 40 of the Act provides that rehabilitation and social reintegration of a child shall be carried out alternatively by i adoption, ii foster care, iii sponsorship and iv sending the child to an after care organisation. Sub-section 1 of Section 41 provides that the primary responsibility for providing care and protection to a child is to be that of his or her family.

Sub- section 3 of Section 41 empowers the Court to give children in adoption subject to satisfaction of investigations having been carried out, as are required for giving children in adoption. Sub- section 4 empowers the State Government to recognize one or more of its institutions or voluntary organizations in each district as specialised adoption agencies for theplacement of orphaned, abandoned or surrendered children for adoption.

Sub-section 5 of Section 41 contains the following stipulations for offering children in adoption:. Sub-section 6 emphasizes that the Court may allow a child to be given in adoption a to a person irrespective of marital status; or b to parents to adopt a child of the same sex irrespective of the number of living biological sons or daughters; or c to childless couples.

These provisions of the Juvenile Justice Act must be read in the context of some of the definitions. Clause v includes within this category a child who does not have a parent and whom no one is willing to take care of or whose parents have abandoned or surrendered the child. Rules have been framed under the Act and Rule 33 provides for rules for implementing Chapter IV which deals with rehabilitation and social integration.

Harmonising the Act of and the Juvenile Justice Act, The Act spells out requisites of valid adoptions, defines capacities for men and women professing the Hindu religion to take in adoption and to give in adoption, for persons who may be adopted and the conditions for adoption. The Act enunciates consequences or effects of a valid adoption in sonika sahay biography of michaels.

The Act establishes rules of general applicability to Hindus in specific areas of family law — adoption and maintenance. The Act makes special provisions for a limited sub class of children — those juveniles in conflict with law and children in need of care andprotection. Adoption under the Act of is an instrument of legislative policy to rehabilitate and provide social integration to children who are in need of care and protection.

The Preamble to the Act emphasizes that the legislation was enacted to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection. Rehabilitation and social integration of orphaned, abandoned and surrendered children is a matter of legislative regulation by the Juvenile Justice Act.

Adoption is a technique contemplated by the law in order to facilitate rehabilitation and reintegration of children of a particular class governed by Chapter IV. The mission of the law is to provide special rules to govern the adoption of a narrow sub class of children namely, those who are orphaned, surrendered or abandoned. In construing the provisions of the Juvenile Justice Act the effort of the Court must be to ensure that the beneficent object with which the legislation was enacted must be facilitated and furthered.

Beneficial legislation, it is a trite principleof interpretation, must be construed liberally. The Supreme Court held that the Act was not only beneficial legislation but that it was also remedial in character. The Constitution bench held that the statute must be construed in a manner that would make it effective and operative on the principle of utres magis valet quam pereat.

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Adoption is a facet of the right to life under Article 21 of the Constitution. The right to live that is asserted is, on the one hand, the right of parents and of individuals women andmen who seek to adopt a child to give meaning and content to their lives. He made his acting debut with 'Bombay Boys' in He starred in the film 'Bheja Fry'.

Critics and the public loved him in the role of a self-promotional talkative singer. He set it up in Bollywood and landed a lot of projects. Arun Govil - Movie Actor. Deep Dhillon - TV-Actor.

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