Vol. 14, Part I · pages 131–135

DR. AMBEDKAR AND THE HINDU CODE BILL 113 Explanation.—For the purpose of this section,— (i) the expressions “father”, or “mother” do not include an adoptive father or an adoptive mother; and (ii) a father or mother shall be deemed to be incapable of giving consent if he or she, as the case may be, is of unsound mind or has not completed the age of eighteen years. 61. Termination of widow’s right. —(1) A widow’s right to adopt terminates— (a) when she remarries; or (b) when any Hindu son of her husband dies leaving him surviving a Hindu son, widow or son’s widow; or (c) if she ceases to be a Hindu. Explanation.—In this sub-section, son means a son, son’s son, or son’s son’s son, whether by legitimate blood relationship or by adoption. (2) The widow’s right to adopt shall not revive after it has once terminated. (65) Capacity to give in adoption 62. Persons capable of giving in adoption. —(1) No person except the father or mother of the boy shall have the capacity to give the boy in adoption. (2) Subject to the provisions of clauses (b) and (e) of sub-section (3), the father, if alive, shall alone have the right to give in adoption, but such right shall not be exercised save with the consent of the mother where she is capable of giving consent. (3) The mother may give the boy in adoption— (a) if the father is dead; (b) if he has completely and finally renounced the world in any of the modes set forth in sub-section (1) of section 110 of Part VII; (c) if he has ceased to be a Hindu ; or (d) if he is not capable of giving consent: Provided that the father has not prohibited her from doing so by an insuument registered under the Indian Registration Act, 1908 (XVI of 1908), or by a will executed in accordance with the provisions of section 63 of the Indian Succession Act, 1925 (XXXIX of 1925). (4) The father or mother giving a boy in adoption must be of sound mind and must have completed the age of eighteen years. Explanation.—For the purposes of this section,— (i) the expressions “father”, or “mother” do not include an adoptive father Part V, sec. 10, page 25. Part V, sec. 12, page 25.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES114 or an adoptive mother; and (ii) a father or mother shall be deemed to be incapable of giving consent if he or she, as the case may be, is of unsound mind or has not completed the age of eighteen years. (66) (67) Capacity to be taken in adoption 63. Who may be adopted. —(1) No female shall be adopted by or to any male or female Hindu. (2) No boy shall be capable of being taken in adoption, unless the following conditions are satisfied, namely, that— (i) he is a Hindu; (ii) he has not been married; (iii) he has not been already adopted; (iv) he has not completed the age of fifteen years. (68) 64. Certain persons declared capable of being adopted. —For the avoidance of doubt, it is hereby declared that the adoption of the following persons is permissible, namely :— (i) the eldest or the only son of his father; (ii) the son of a woman whom the adoptive father could not have legally married, and in particular, is daughter’s son, sister’s son, or mother’s sister’s son: and (iii) a stranger although near relatives of the adoptive father exist. (69) Essential ceremonies

DR. AMBEDKAR AND THE HINDU CODE BILL 115 65. Completion of adoption. —An adoption is not valid and binding unless the boy to be adopted is physically given and taken in adoption by the parents concerned or under their authority, with intent to transfer him from the family of his birth to the family of his adoption. Explanation.—The performance of the Datta homam is not essential to the validity of an adoption. Capacity to be taken in adoption 63. Who may be adopted. —(1) No female shall be adopted by or to any male or female Hindu. (2) No boy shall be capable of being taken in adoption, unless the following conditions are satisfied, namely, that— (i) he is a Hindu; (ii) he has not been married ; (iii) he has not been already adopted; (iv) he has not completed the age of fifteen years. (67) 64. Certain persons declared capable of being adopted.—For the avoidance of doubt, it is hereby declared that the adoption of the following persons is permissible, namely:— (i) the eldest or the only son of his father; (ii) the son of a woman whom the adoptive father could not have legally married, and in particular, is daughter’s son, sister’s son, or mother’s sister’s son; and (iii) a stranger although near relatives of the adoptive father exist. (68) Essential ceremonies 65. Completion of adoption. —An adoption is not valid and binding unless the boy to be adopted is physically given and taken in adoption by the parents Part VI, sec. 3, page 24. Part VI, sec. 3, page 26. Part VI, sec. 14, page 26. Part VI, sec. 15, page 26.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES116 concerned or under their authority, with intent to transfer him from the family of his birth to the family of his adoption. Explanation.—The performance of the Datta homam is not essential to the validity of an adoption. (69) (70) Other conditions for adoption 66. Other conditions. —(1) In every adoption, the following conditions must be complied with :— (i) The adoptive father by or to whom the adoption is made must have no Hindu son, son’s son, or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption. Explanation.—A person not actually born at the time of adoption, although he may then be in the womb and is subsequently born alive, is not said to be living at the time of adoption for the purposes of this clause. (ii) The same boy may not be adopted simultaneously by or to two or more persons nor may two or more boys be simultaneously adopted by or to the same person. (iii) Every adoption must be made with the free consent of the person giving and of the person taking in adoption. (2) Where the consent of the person giving or of the person taking in adoption has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, either party may sue for a declaration that the adoption is invalid: Provided that the Court shall dismiss such suit— (a) if the suit is filed more than two years after the coercion or undue influence had ceased or the fraud, misrepresentation or mistake had been discovered; or (b) if the person whose consent has been so obtained has confirmed the adoption after the coercion, undue influence has ceased, or after

DR. AMBEDKAR AND THE HINDU CODE BILL 117 the fraud, misrepresentation or mistake has been discovered, as the case may be, and such confirmation does not prejudice the rights of others. (3) Where no suit is brought within the time limit specified in clause (a) of sub-section (2) or where an adoption has been confirmed under clause (b) of the said sub-section it shall be deemed to be valid and effectual for all purposes as from the date of adoption. Other conditions for adoption 66. Other conditions. —(1) In every adoption, the following conditions must be complied with:— (i) The adoptive father by or to whom the adoption is made must have no Hindu son, son’s son, or son’s son’s son (whether by legitimate blood relationship or by adoption) living at the time of adoption. Explanation.—A person not actually born at the time of adoption, although he may then be in the womb and is subsequently born alive, is not said to be living at the time of adoption for the purposes of this clause. (ii) The same boy may not be adopted simultaneously by or to two or more persons nor may two or more boys be simultaneously adopted by or to the same person. (iii) Every adoption must be made with the free consent of the person giving and of the person taking in adoption. (2) Where the consent of the person giving or of the person taking in adoption has been obtained by coercion, undue influence, fraud, misrepresentation or mistake, either party may sue for a declaration that the adoption is invalid: Provided that the Court shall dismiss such suit— (a) if the suit is filed more than two years after the coercion or undue influence had ceased or the fraud, misrepresentation or mistake had been discovered; or (b) if the person whose consent has been so obtained has confirmed, the adoption after the conrcion, undue influence has ceased, or after the fraud, misrepresentation or mistake has been discovered, as the Part VI, sec. 16, page 26.