In a landmark decision that champions women’s rights and empowers single working women nationwide, the Aurangabad Bench of the Bombay High Court quashed a District Judge’s order that denied a single woman’s plea for adoption. The judgment boldly stated that rejecting the adoption application based on the applicant’s employment status was “unfounded, illegal, perverse, unjust, and unacceptable.”
The case centered around Shabnamjahan Ansari, a resilient single woman who challenged an order issued by the District Judge at Bhusawal on March 8, 2022, which had rejected her heartfelt application to adopt her sister’s child.
Ansari’s journey toward becoming a prospective adoptive parent began when she registered at a child adoption center and diligently followed all necessary procedures. The District Child Protection Unit meticulously assessed her suitability as a parent, scrutinizing her status, health, financial well-being, and the child’s circumstances.
However, the Bhusawal District Judge’s rejection of Ansari’s application was shockingly grounded in outdated stereotypes. The judge cited Ansari’s single and divorced status, wrongly asserting that her working status would prevent her from providing personal attention to the child. The judge even insinuated that the biological parents would be better equipped to care for the child.
The Bombay High Court minced no words in its criticism of the lower court’s decision, stating, “The reason given by the Competent Court is not only contrary to the provisions of the Juvenile Justice (Care And Protection of Children) Act but also to the recommendation made by Central Adoption Resource Authority (CARA). The reason given by the court is unfounded and baseless. The court has erroneously rejected the application by doing guesswork. The comparison done by the court between the biological mother being a housewife and the prospective adoptive mother (single parent) being a working lady reflects a mindset of the medieval conservative concepts of a family.“
In a resounding victory for women’s empowerment and gender equality, the High Court underscored that the Juvenile Justice Act recognizes single parents as eligible adoptive parents. It firmly rebuked the notion that being a working single parent could disqualify one from adopting a child, stating, “Generally, a single parent is bound to be a working person, maybe with some rare exceptions. Thus, by no stretch of the imagination, a single parent can be held to be ineligible to be an adoptive parent on the ground that he/she is a working person.” Consequently, the High Court swiftly quashed the lower court’s prejudiced order.
This decision serves as an inspirational beacon for women across the nation, especially single working women who aspire to provide loving homes to children in need. It reinforces the principle that parenthood is not determined by marital or employment status but by one’s capacity to nurture and care for a child’s well-being.
Women’s rights activists and legal experts lauded the High Court’s judgment as a powerful message against deeply entrenched gender bias. It challenges societal norms that have often marginalized single women, especially divorcees, in matters of adoption and parenting. The ruling reaffirms that the law stands firmly on the side of equality and justice for all, regardless of gender or relationship status.
Shabnamjahan Ansari, the petitioner who stood against injustice, is celebrated as a symbol of resilience and determination. Her tenacity in the face of adversity has paved the way for countless single working women who dream of building loving families through adoption.
This ruling sends a clear message to the judiciary and society at large: women, whether single, divorced, or working, have an equal right to experience the joys and responsibilities of parenthood. Discrimination and biases rooted in outdated notions of family structures should not be tolerated in a modern and progressive society.