Question

Under the Hindu Adoptions and Maintenance Act, the person who is taken in adoption

• A. Must be a Hindu only
• B. A Hindu or Jew
• C. May be Hindu or Christian
• D. None of the above

Hint:

The title of the Act itself is a big clue: "Hindu Adoptions and Maintenance Act." This signifies that the Act's provisions, including who can adopt, who can give in adoption, and who can be adopted, apply exclusively to persons who are legally considered Hindus.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question asks about the religious requirement for a child who is being given in adoption under the Hindu Adoptions and Maintenance Act, 1956 (HAMA).

Step 2: Detailed Explanation:
The Hindu Adoptions and Maintenance Act, 1956, governs adoptions within the Hindu community. The Act applies to any person who is a Hindu, Buddhist, Jaina or Sikh by religion (as defined in Section 2).
Section 10 of HAMA lays down the conditions for a person who may be adopted. It states:
"No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:—
(i) he or she is a Hindu..."
The other conditions relate to not having been adopted before, not being married (with some exceptions), and being under the age of fifteen (with exceptions for custom).
The first and foremost requirement is that the child to be adopted must be a Hindu. A non-Hindu child cannot be adopted under the provisions of this specific Act. Adoptions of children of other faiths are governed by other laws like the Juvenile Justice Act.

Step 3: Final Answer:
Under the Hindu Adoptions and Maintenance Act, the person who is taken in adoption must be a Hindu.