Bombay High Court: In a writ petition challenging the cancellation of a caste certificate issued in favour of an adopted child, a Division Bench of M.S. Karnik and S.M. Modak*, JJ., held that once a valid order of adoption is passed under the Juvenile Justice (Care and Protection of Children) Act, 2000, (‘Act of 2000’) and the biological parents of the child are unknown, the caste of the adopted child must be treated as the caste of the adoptive parents. The Court observed that the authorities failed to consider the legal effect of adoption and acted contrary to the statutory scheme. Accordingly, the orders cancelling the caste certificate were set aside and issuance of caste validity was directed.
Background:
The case arose from the adoption of an abandoned child whose biological parents and caste were not known. The adoption was carried out pursuant to an order passed by the District Court under the Act of 2000, after due compliance with the statutory procedure. The adoption order declared the adoptive parents as the lawful parents of the child and directed issuance of a birth certificate reflecting the adoptive relationship.
Subsequently, on the basis of the caste of the adoptive parent belonging to the Special Backward Category, a caste certificate was issued in favour of the adopted child by the competent authority. Thereafter, a complaint was made alleging that the caste certificate had been obtained on the basis of false documents. An enquiry was conducted, resulting in cancellation of the caste certificate by the Sub-Divisional Officer. The appeal filed against the said order was dismissed by the Caste Scrutiny Committee, leading to the filing of the writ petition.
It was contended that where the biological parents of an adopted child are not known, and a valid adoption has taken place, the caste of the adopted child necessarily follows that of the adoptive parents. On the other hand, the State supported the impugned orders and submitted that the Maharashtra Scheduled Castes, Scheduled Tribes, De-Notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of Caste) Certificate Act, 2000 (‘Caste Certificate Act’) does not expressly provide for grant of caste certificate to an adopted child.
Analysis and Decision:
The Court revisited the provisions of the Caste Certificate Act and the Rules framed thereunder, and noted that a mechanism exists for issuance and verification of caste certificates, including applications made by parents on behalf of minors. The Court observed that although neither the Act nor the Rules specifically deal with determination of caste of an adopted child, the issue had to be examined by considering whether the adoption order passed by the District Court and the consequent entry in the birth register constituted sufficient material.
The Court emphasised that the adoption order passed by the District Court under the JJ Act was not in dispute. It was noted that Section 41 of the Act of 2000 provides for adoption of orphaned, abandoned and surrendered children. The Court highlighted that the meaning of “adoption” inserted by way of Amendment Act No. 33 of 2006 under Section 2(aa) makes it clear that the adopted child is permanently separated from the biological parents and becomes the legitimate child of the adoptive parents with all rights, privileges and responsibilities attached to that relationship.
The Court observed that adoption operates by a deeming fiction and that denial of full legal consequences of adoption would leave the future of the child in darkness. It was noted that although the Act of 2000 did not expressly contain a provision equivalent to Section 63 of the Juvenile Justice Act, 2015, the legal effect of adoption could be clearly inferred from the statutory definition itself.
The Court further noted that the Scrutiny Committee had failed to consider the legal effect of adoption under the Act of 2000 and had mechanically cancelled the caste certificate. It was emphasised that when the process of adoption is completed, the adopted child becomes legitimate child of the parents and all rights, privileges and responsibilities are bestowed on him which are attached to that relationship.
Holding that the entire approach of the authorities was unsustainable, the Court concluded that the adopted child was entitled to the caste status of the adoptive parents. Accordingly, the writ petition was allowed, the orders cancelling the caste certificate were set aside, and the Scrutiny Committee was directed to issue caste validity within the stipulated period.
[Geeta Dattatray Achari v. State of Maharashtra, Writ Petition No. 14840 of 2022, decided on 29-01-2026]
*Judgment authored by: Justice S.M. Modak