MOOT COURT AND INTERNSHIP (CLINICAL PAPER- IV) (PAPER: 6.

5)

HALDIA LAW COLLEGE

MOOT COURT PROPOSITION: 01

Ms. Nuri, the petitioner, is an Indian social activist and human rights
campaigner. Her work often deals with the development of slum dwellers,
children, and women. She is Muslim by faith and belongs to one of the
influential and rich families that adopted a young girl when she was young
while working in slums. She also runs an NGO by the name of her daughter,
FALAK. Baby Falak and her mom are a small, happy family. But this
happiness does not last long. Ms. Nuri’s profession attracts many anti-
socials and hooligans. Multiple failed attempts at murder were executed on
her. She was under constant fear for her child because she herself is the
single child of the family. As baby Falak grows up, the so-called adoption is
being questioned. According to Muslim Personal Law, it does not allow the
concept of adoption. But the concept of KAFALA is recognized, which is sort
of the concept of adoption. So instead of being called the mother of the child,
Ms. Nuri is legally addressed as the guardian of her daughter. As the family
was nuclear, consisting of only her mother and daughter, her family and
community members started to raise their brows regarding the inheritance
of baby Falak. Under Islamic law, only the biological relationship of the child
with the parents is recognised as the parameter to measure parenthood,
which leads to the question of the child’s inheritance. In India, the legal
concept of adoption is legally available to Hindus only under the Hindu
Adoption and Maintenance Act, 1956. But in other communities like
Muslim, Parsi, Christian, etc., neither a couple nor any individual can adopt.
Ms. Nuri filed a petition in the Supreme Court of India under Article 32 of
the Constitution of India, stating that the adoption of a child should be
declared as a fundamental right of every citizen of India under Part III of the
Constitution, regardless of gender, religion, caste, creed, etc. It was also
mentioned in the petition that the JJ Act, 2015, is a secular law that
enables any person, irrespective of the religion he/she follows, to adopt a
child, and that the court should direct the states and UT under the JJ Act,

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 MOOT COURT AND INTERNSHIP (CLINICAL PAPER- IV) (PAPER: 6.5)

2015, to strictly follow CARA guidelines.

ISSUES:

1. Whether adoption of a child is a fundamental right?

2. In the case of a contradiction between personal law and secular law in the
matter of adoption, which one would prevail?

Note: The students are free to frame/raise the additional issues as they
deem fit.

## This Moot Court Proposition 01 is allotted to-

TEAM CODE: HLC/MC&I/6.5/04 (Both the Petitioner and Respondent).

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(MR. ABDUL JABBAR HAQUE)
Assistant Professor, HLC
Subject Teacher: Moot Court and Internship