Adoption In Hindu Society: Examining The Enduring Impact Of The Hindu Adoptions And Maintenance Act, 1956 In The Era Of Criminal Law

Abstract

The landscape of personal laws in India is a complex interplay of religious traditions and secular legislative interventions.¹ Adoption within Hindu society has historically been governed by the Hindu Adoptions and Maintenance Act, 1956 (HAMA), a landmark legislation that codified and reformed traditional Hindu law on the subject.² With the recent enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS), replacing the Indian Penal Code, 1860, a critical question arises: what are the legal implications and potential shifts in the dynamics of adoption in Hindu society? This research article posits that while the BNS primarily reconfigures India's criminal law framework, its indirect implications, particularly concerning child welfare, protection against illegal adoption, and the broader push for a modern legal ecosystem, may subtly influence the practices and interpretations surrounding HAMA. This article will delve into the historical evolution of Hindu adoption law, the salient features of HAMA, the limited but significant intersections with criminal law provisions now under BNS, and the overarching legal policy considerations, including the ongoing discourse on a Uniform Civil Code (UCC), that shape the future of adoption in Hindu society.