A Christian couple who petitioned against Air India for rejecting benefits entitled to their child on grounds that it was an adopted daughter was rendered justice by the Madras High Court.
In their petition, RR George Christopher and his wife Kristy Chandra, charged Air India for denying legal rights to their adopted daughter on the argument that Christian law does not permit adoption.
Air India in its counter petition said Christian law does not recognise complete adoption, as non-Hindus had no law to adopt a child legally. The couple only can adopt a child as a guardianship under the Guardian and Wards Act.
But Justice K Chandru was not pleased with the argument. He noted that Sections 40 and 41 of the Juvenile Justice Act provided for adoption through the juvenile justice board.
"It shows their insensitiveness and ignorance regarding the development of law in this country," Justice Chandru was quoted saying.
The court eventually ordered Air India to recognise the two-and-a-half-year-old Gywneth Dhanya and provide all service benefits available to the child as the staff.
The court criticised Air India whose argument it said was spurious, as it did not encourage couples that were adopting and rehabilitating children.
The judge also pointed that "the Juvenile Justice Act for the first time provides adoption' as a means to rehabilitate and socially reintegrate a child."
"This is the first secular law in India providing for adoption. The provisions in Sections 40 and 41 are not restricted to persons belonging to a particular religion alone," he added.
Although the JJ Act could be used, the Christian couple went with obtaining a guardianship order and also did all necessary Christian rites for adopting the child and proving the case.
Society
Christian couple wins adoption case after HC rejects airline plea
By: Babu Thomas
Friday, 31 July 2009, 16:07 (IST)
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Have your say on this article
Added: Sunday, 27 September 2009, 16:11 (IST)
It is indeed tragic that even today large public sector organisations waste their energy in fighting frivolous and illegal court cases. For a public sector organisation to claim that they have no social responsibility is indeed really sad. Air India and its lawyers seem to forget that they are funded largely by tax payers money. Why shouldnt the orphans get those funds instead of the fat cats in Air India. They dont want the poor to even get the crumbs falling off their table!! The justice and juvenile act is indeed a good act long overdue in this country of ours. Even though our constitution speaks of equality of every indian citizen but in reality we were forced to adopt either under HAMA(for hindus) or GAWA( for non hindus) . Now the JJ act has enforced the right of every childs right for a family irrespective of the would be adoptive parents caste/religion/.. I sincerely applaud the Chennai High court for delivering this judgement. This article needs to be publicised more widely so that more people come forward and adopt despite large organisations like Air India shirking their social responsibilities. Talking of organisations and how regressive they can be "the so called enlightened progressive IT flag bearer called Inofsys too has different rules when it comes to maternity benifits if you adopt. Maternity leave is apparently to be used only for breast feeding hence a adoptive parent does not require it. I wish they didnt discriminate and showed that they are truely progressive and enlightened as an organisation. But then they are a private organisation and I suppose they can make their own rules how they pay back society.. .
J G Crasta, bangalore India
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