Christian couple wins adoption case after HC rejects airline plea

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.