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:

Remember the applicability of Hindu personal laws. Acts like the Hindu Marriage Act, Hindu Succession Act, and HAMA apply to Hindus, Buddhists, Jains, and Sikhs. The conditions laid down in these acts, such as who can marry or be adopted, are specific to these communities.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The Hindu Adoptions and Maintenance Act, 1956 (HAMA), governs the process of adoption for Hindus. The Act lays down specific conditions for the validity of an adoption, including the religion of the child being adopted.

Step 2: Detailed Explanation:
Section 10 of HAMA lists the "Persons who may be adopted". Clause (i) of this section states that the person to be adopted "is a Hindu".
Furthermore, the Act applies only to Hindus, which is defined in Section 2 to include Buddhists, Jains, and Sikhs, but it explicitly excludes persons who are Muslim, Christian, Parsi, or Jew by religion.
Therefore, for a valid adoption under HAMA, the child who is being given in adoption and taken in adoption must be a Hindu.

Step 3: Final Answer:
Under the Hindu Adoptions and Maintenance Act, 1956, the person who is taken in adoption must be a Hindu.