The Madras High Court issued notice to the Union of India and directed it to respond regarding the statutory omission of transgender persons from adoption rights under the Hindu Adoption and Maintenance Act, 1956, and the Central Adoption Resource Authority (CARA) Guidelines framed under the Juvenile Justice Care and Protection of Children Act, 2015.
The petitioner challenged the validity of adoption laws and CARA guidelines as discriminatory and inconsistent with the Transgender Persons (Protection of Rights) Act, 2019. Seeking amendment of Rule 5 of the CARA Guidelines and associated forms to explicitly include transgender persons, the petitioner contended that transgender inclusion aligns with the Act’s protective intent.
The petitioner contends that current adoption laws and processes exclude transgender persons by referring only to “male” and “female,” thereby denying their statutory rights and welfare protections. The challenge seeks corrective policy and legal recognition ensuring transgender persons can apply for adoption under statutory schemes.
The Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan emphasized the statutory obligation of the Central Government and CARA to amend guidelines and proformas to fulfil the mandate of Section 8 of the Transgender Persons (Protection of Rights) Act, 2019. It underscored that non-discrimination and affirmative inclusion in adoption policies are essential tenets of the constitutional mandate for equality and dignity.
The Court refrained from deciding on the merits at present, instead calling upon the Union Government to file a detailed affidavit clarifying its position on amending CARA guidelines and inclusive measures. The ruling underscores the need for urgent statutory compliance given the central law’s mandates.
The case is listed for next hearing on 4 December 2025, pending the Government’s response.
Appearances:
For Petitioner(s): Ms. Karthikaa Ashok, Adv
For Respondent(s): Mr. A.R.L. Sundaresan, Additional Solicitor General of India, Mr. R.K. Gandhi for R1, R2 And R5; Mr. A. Edwin Prabakar, State Government Pleader Assisted by Mr. T.K. Saravanan, Additional Government Pleader for R3 & R4.
