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31 July 2009: A Christian couple who petitioned
against Air India for rejecting benefits entitled to
their child on grounds that it was an adopted daughter
was rendered justice by the Madras High Court.
In their petition, RR George Christopher and his wife
Kristy Chandra, charged Air India for denying legal
rights to their adopted daughter on the argument that
Christian law does not permit adoption.
Air India in its counter petition said Christian law
does not recognise complete adoption, as non-Hindus had
no law to adopt a child legally. The couple only can
adopt a child as a guardianship under the Guardian and
Wards Act.
But Justice K Chandru was not pleased with the argument.
He noted that Sections 40 and 41 of the Juvenile Justice
Act provided for adoption through the juvenile justice
board.
“It shows their insensitiveness (sic) and ignorance
regarding the development of law in this country,”
Justice Chandru was quoted saying.
The court eventually ordered Air India to recognise the
two-and-a-half-year-old Gywneth Dhanya and provide all
service benefits available to the child as the staff.
The court criticised Air India whose argument it said
was spurious, as it did not encourage couples that were
adopting and rehabilitating children.
The judge also pointed that “the Juvenile Justice Act
for the first time provides adoption’ as a means to
rehabilitate and socially reintegrate a child.”
“This is the first secular law in India providing for
adoption. The provisions in Sections 40 and 41 are not
restricted to persons belonging to a particular religion
alone,” he added.
Although the JJ Act could be used, the Christian couple
went with obtaining a guardianship order and also did
all necessary Christian rites for adopting the child and
proving the case.
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