| Abstract: | Adoption in India has evolved at the intersection of religious personal laws and secular legal frameworks. Historically, adoption practices were largely governed by religious personal laws, particularly within Hindu society, where scriptures sanctioned adoption subject to specific ritual and gendered requirements. This religious foundation was later substantiated through the Hindu Adoption and Maintenance Act, 1956, which formalised adoption but limited its applicability to only dharmic religions. In contrast, non-Hindu communities were constrained to guardianship arrangements under the Guardian and Wards Act, 1890, which failed to establish a full legal parent-child relationship. This paper examines the development of adoption laws in India through an evolutionary lens, analysing Hindu, Christian and Islamic religious perspectives on adoption and their influence on legal recognition. It further traces the state’s gradual shift towards secularisation through repeated but unsuccessful legislative attempts, culminating in the enactment of the Juvenile Justice Act, 2000. By analysing judicial interpretations and socio-religious resistance, the paper highlights the persistent tension between religious personal laws and the constitutional vision of a uniform, child-centric adoption law. The study concludes that while the Juvenile Justice framework represents a significant move towards inclusivity and secular governance, religious and cultural preferences continue to influence adoption practices. |
