The Supreme Court has granted a Muslim petitioner the right to adopt a child despite Muslim personal law prohibiting adoption.

The eight-year-old writ was filed by petitioner Shabnam Hashmi, a "public spirited individual" in the words of Justice Ranjan Gogoi, who wanted the Supreme Court to declare his right to adopt under Article 32 of the Constitution, which gives the apex court the power to issue directions to enforce rights under the constitution.

The bench of Chief Justice of India (CJI) P Sathasivam, Gogoi and Justice Shiva Kirta Singh did not articulate a fundamental right to adopt, which would "have to await a dissipation of the conflicting thought processes in this sphere of practices and belief prevailing in the country".

However, considering the Juvenile Justice (Care And Protection of Children) Act, 2000 and rejecting the arguments of the All India Muslim Personal Law Board, which was made party to the case, the bench said:

an optional legislation that does not contain an unavoidable imperative cannot be stultified by principles of personal law which, however, would always continue to govern any person who chooses to so submit himself until such time that the vision of a uniform Civil Code is achieved

[Read Judgment]