R. Praveen Kumar
1. Single Parent Adoption and it’s legal implication
The process by which people who are not married or living together adopt a child is known as single parent adoption. Adoption has always been linked to married couples or, in rare situations, single people who could show stability and offer a child a good family environment. But as gender roles have changed, families have changed, and society has become more accepting of varied family configurations, which has resulted in an increase in single parent adoptions. The idea of single parent adoption challenges preconceived ideas about what makes up a "typical" family since it welcomes the notion that one person may give a child a supportive and loving environment. Foster care, domestic adoptions, and international adoptions are all ways that single parents might adopt children. Due to worries about single parents' capacity to meet the emotional, financial, and developmental requirements of adopted children, single parent adoption has historically been hampered by several legal and social obstacles. The ability of lone people to provide stable and adoring homes for children in need of adoption has been recognised as society and legal systems have progressed over time.
This research paper's main goal is to examine the ethical issues and social implications of single parent adoption.
The research aims to:
- Give a general summary of single parent adoption today, including its definition, range, and current trends.
- Examine the legal frameworks for single parent adoption on both a national and international level, as well as the demands, constraints, and court rulings related to such adoptions.
- Examine the advantages and difficulties single parents who decide to adopt confront, as well as the effects on the growth and well-being of the adopted children.
- Examine how society views and feels about single-parent adoption, taking into account societal opinions, cultural and religious influences, the presence of support systems, and community involvement.
- In order to improve the welfare of single parents and adopted children, identify the policy implications and make recommendations for legislative changes, support services, education campaigns, and improvements in adoption practises.
To accomplish its goals, this research report combines qualitative and quantitative research techniques. A thorough evaluation of the academic literature on single parent adoption, including books, reports, legal papers, and academic articles, is part of the study. To provide a fact-based knowledge of the subject, data from pertinent adoption figures and surveys are also examined. A comparison of domestic and international viewpoints is used to assess legal frameworks and court rulings surrounding single parent adoption. An examination of recent research and case studies reveals the advantages and difficulties of raising adopted children and single parents. Through an examination of public opinion surveys, cultural studies, and community involvement activities, social perceptions and attitudes regarding single parent adoption are investigated. The findings of this study are intended to advance our understanding of single parent adoption and offer guidance to all engaged in the adoption process, including legislators, adoption agencies, and adoptive parents. The best interests of the children involved can be prioritised by promoting inclusive and supportive adoption practises by being aware of the legal ramifications and social factors connected with single parent adoption.
Single Parent Adoption
The procedure through which a single person who is not married or living with another person officially adopts a child is known as single parent adoption. It contradicts the widespread belief that married couples should be the primary adoptive parents and acknowledges that single people can also give a child in need a supportive and loving home. Adoption by a single parent can take many different forms, including as domestic adoptions within the same nation, international adoptions from other nations, and foster care placements. It entails a thorough screening procedure to make sure the potential single parent is qualified, taking into account things like their financial security, emotional health, and capacity to create a nurturing environment for the child.
Related Case Law:
Shabnam Hashmi v. Union of India (2014): This case addressed the issue of adoption by single parents and recognized the right of a single Muslim woman to adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000. The court held that the Act did not discriminate against single individuals and upheld the right of a single woman to adopt a child.
Single parent adoption has always encountered major challenges and societal opposition. Traditional beliefs and prejudices frequently cast doubt on single people's capacity to care for adopted children, particularly single men and women. Single parents' emotional, financial, and developmental stability as well as the potential effects on their children's wellbeing have been questioned. But as society attitudes and family structures changed, so did the obstacles to single parent adoption. Gradually, attitudes began to change as people became more aware of the various types of family structures and saw that even one person could establish a loving and secure home environment.
Related Case Law:
L.K. Pandey v. Union of India (1984): This case addressed the constitutional validity of the Hindu Adoption and Maintenance Act, 1956, and clarified the conditions for a valid adoption under Hindu law. While not directly related to single parent adoption, this case established legal principles governing adoption in India, including the eligibility and procedural requirements.
Current Statistics and Trends
Adoption by a single parent has increased in popularity recently as a result of altered family dynamics and societal acceptance.
Despite the fact that data and statistics differ throughout nations, the following tendencies and patterns stand out:
- Growing numbers: Single parent adoptions have been on the rise for some time. This can be linked to elements including evolving social norms, strengthened legal systems, and expanded single-parent support networks.
- Gender distribution: There is no restriction on a certain gender for single parent adoptions. Adoption is a decision made by single men and women, proving that the desire to create a loving family transcends traditional gender norms.
- Domestic and international adoptions: Single people look at both types of adoption. Domestic adoptions give lone parents the chance to adopt kids from their own country, whilst foreign adoptions offer chances to give kids from other cultural backgrounds a home.
- Age range: Single parents who choose to adopt typically range in age from their twenties to their sixties. Depending on specific circumstances and reasons, a single parent may decide to adopt at different phases of life.
- Promote networks: Adoption agencies, social services, and neighbourhood associations frequently encourage and promote single parent adoption. These networks support single parents through the adoption process and afterwards by offering them resources, direction, and counselling. Although trends point to a rise in single parent adoptions, it's crucial to remember that legal and social frameworks differ across different countries and jurisdictions. While some nations may still have unfavourable attitudes towards single parent adoption or have little legal protections for it, others may have more tolerant policies and practices. Policymakers, adoption agencies, and all involved in the adoption process must comprehend these patterns and their ramifications. Efforts can be taken to ensure that the proper legal frameworks, support systems, and societal attitudes are in place to promote the well-being of single parents and the children they adopt by acknowledging the changing dynamics and rising prevalence of single parent adoption.
Frameworks for Adoption by a Single Parent
The legal framework for single parent adoption in the US differs from state to state. Although single people are permitted to adopt in all states, there may be some differences in the rules and processes. In most cases, potential single parents must fulfil the same eligibility requirements as married couples, such as background checks, house inspections, and assessments of their capacity to give a kid an appropriate environment. The age, gender, or marital status of the potential adoptive parents may be subject to extra limitations or preferences in some states.
The legal foundations for single parent adoption differ between nations in Europe. Some nations, including France and Spain, have laws specifically allowing single people to adopt. Other nations' adoption regulations are more generic and do not specifically forbid or limit adoption by single parents. In Europe, single parent adoption eligibility requirements and procedures often include evaluations of the prospective adoptive parent's fitness and capacity to meet the child's needs.
The legal frameworks for single parent adoption vary greatly among Asian nations. In the past, some nations, including South Korea and China, have been more accepting of single parent adoption, especially for certain types of kids, such as older kids or kids with special needs. However, other nations might have more stringent laws or cultural customs that favour married couples as adoptive parents. It's vital to remember that these frameworks could change as a result of shifting public attitudes and regulatory changes.
The Juvenile Justice (Care and Protection of Children) Act of 2015 and the Guidelines Governing Adoption of Children, both of which were passed in 2015, primarily control single-parent adoption in India. Despite the lack of any frameworks specifically for single parent adoption, single people are nevertheless able to adopt children under the current legal frameworks. Here are some significant elements pertaining to adoption in India by a single parent:
Adoption in India is open to single people who are not married, divorced, or widowed. The requirements for qualifying often include being a major (minimum age of 25), being in good bodily and mental health, and having the capacity to give the kid a secure and nurturing environment.
Registration: To begin the adoption process, prospective single parents must register with a recognised adoption agency or Specialised Adoption Agency (SAA). They must submit the relevant application materials and supporting documentation, such as a home study report and documents proving their name, address, and income.
Home Study: To determine whether a single parent and their home setting are suitable for adoption, the adoption agency or SAA conducts a home study. The prospective adoptive parent's financial stability, emotional readiness, support network, and living circumstances are all evaluated as part of the home study.
Matching and placement: When matching and placing a child, adoption agencies or SAA take into account the kid's best interests as well as the preferences and suitability of the single parent. The background, medical background, and other pertinent details of the kid may be disclosed to the potential adoptive parent to help them make an informed choice.
Court Process: Once a match is made, the adoption agency or SAA submits an adoption petition to the appropriate court. The single parent may be required to appear in court for a hearing after the court has reviewed the adoption petition and verified the supporting paperwork. The court issues an adoption order, which completes the adoption, once you have complied with all legal requirements and made all necessary enquiries.
Post-Adoption Support: Services are offered to help single adoptive parents adjust to their new family structure and offer advice on parenting and child welfare.
Related Case Law:
ABC v. The State (2015): In this case, the Madras High Court allowed a single man to adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000. The court recognized that a single person, irrespective of gender, can provide a nurturing and loving home for a child and should not be denied the opportunity to adopt based on marital status.
Comparative Evaluation of Legal Frameworks
The legal frameworks for single parent adoption may differ depending on the jurisdiction within a given nation. For instance, as adoption laws are generally governed at the state level in the United States, there are variations in eligibility requirements, adoption processes, and the legal rights of single adoptive parents. Similar to this, various laws may apply in different states or provinces in other nations.
Legal Conditions and Limitations
Age limitations, background checks, evaluations of financial stability, and home studies to determine the fitness of the potential adoptive parents are frequently part of the legal requirements for single parent adoption. The age difference between the adoptive parent and the kid may also be limited in some countries, or the ability of the prospective parents to offer a stable and nurturing environment may be seen as a necessary requirement for adoption.
Court rulings and examples
The legal frameworks for single parent adoption are significantly shaped by court rulings and precedents. The rights and obligations of single adoptive parents are influenced by landmark judgements and legal interpretations, which also set standards for adoption agencies and courts. Changes in adoption laws and practices may eventually result from court rulings, creating a more welcoming and friendly atmosphere for single parent adoption.
Social attitudes and perceptions of single-parent adoption
General Attitudes and Stereotypes
Based on cultural, societal, and individual ideas, public opinion on single parent adoption can vary greatly. Even if there has been a general trend in favour of single parent adoption, several persistent myths and stereotypes still exist. These stereotypes could involve presumptions on the skill and capability of single parents to give a child a secure and supportive environment. Concerns about the possible effects on the child's wellbeing, particularly in light of the lack of a second parental figure, may also contribute to negative opinions.
Religious and cultural influences
Attitudes regarding single parent adoption can be greatly influenced by cultural and religious factors. Traditional family arrangements, where children are preferably reared by married heterosexual couples, may be strongly valued by some cultures or religious traditions. As a result, single parent adoption may encounter social resistance or be stigmatised in those communities. The diversity and evolution of cultural and religious beliefs must be understood, though, since many people and groups have adopted more accepting viewpoints that are in favour of single parent adoption.
Support Systems and Community Participation
One of the most important factors in determining opinions and attitudes towards single parent adoption is the accessibility of support systems and community involvement. Communities can foster more favourable attitudes and more acceptance of single parent adoption by providing proper support systems, resources, and educational initiatives. Support groups, counselling services, and neighbourhood organisations can assist single parents emotionally, fight social stigma, and inform people about the advantages of single parent adoption.
Initiatives in Education and Awareness
To combat prejudice and promote acceptance of single parent adoption, education and awareness campaigns are crucial. The general public can learn about the experiences, difficulties, and accomplishments of single parent adoptive families through focused initiatives, media coverage, and public conversation. Giving factual information about the advantages of single parent adoption that has been supported by research and emphasising individual experiences can help dispel misconceptions and encourage acceptance. Collaboration between policymakers, adoption agencies, community organisations, and those involved in the adoption process is necessary to counteract social stigma and foster favourable attitudes towards single parent adoption. It is possible to alter cultural stereotypes and create a more welcoming environment for single parents who wish to adopt by building a friendly and inclusive environment.
Related Case Law:
Shabnam Hashmi v. Union of India (2014): This case recognized the right of a single Muslim woman to adopt a child under the Juvenile Justice (Care and Protection of Children) Act, 2000. The court held that the Act did not discriminate against single individuals and upheld the right of a single woman to adopt a child, emphasising that the primary concern should be the child's well-being.
Implications for Policy and Suggestions
Legal Protections and Legislative Reforms
Adopting legislative changes and implementing legal safeguards to guarantee single parents' equality of rights and opportunities are policy consequences of single parent adoption.
This might comprise:
- Ensuring non-discriminatory adoption laws: Putting into effect legislation that expressly forbids discrimination in adoption procedures based on marital status, gender, or sexual orientation.
- Simplifying adoption procedures: By streamlining the adoption procedure, bureaucratic barriers can be reduced and single people can obtain adoption services in a fair and effective manner.
- Age and eligibility requirements are periodically reviewed and updated to reflect shifting societal norms and improvements in our understanding of single people's ability to create a supportive and stable home for adopted children.
- Legal protections and advantages: Giving single adoptive parents the same legal rights and advantages as married couples, such as parental leave, tax breaks, and inheritance rights.
Services for Single Parent Support
Comprehensive support services should be made accessible to aid in the success of single parent adoptions.
Policy suggestions comprise:
- Counselling and support systems: Setting up counselling services and support systems that especially address the requirements of single adoptive parents by providing resources, direction, and emotional support all through the adoption process.
- Financial support: Giving single parents financial support in the form of grants or subsidies to lessen the financial burden of adoption and child-rearing.
- Parenting education and training: Providing parenting education programmes designed to address the particular difficulties and obligations faced by single adoptive parents, such as seminars on child development, effective methods of punishment, and creating support systems.
- Affordable and accessible healthcare services and high-quality daycare options to assist single parents in fulfilling the physical and emotional requirements of their kids.
Programmes for Education and Awareness
To combat cultural biases and misconceptions about single parent adoption, it is essential to raise awareness and educate the public. recommended measures and programmes consist of:
Launching focused public awareness efforts to inform the public about the advantages and successful results of single parent adoption, while dispelling myths and fostering acceptance; Media representation: Encouraging accurate and positive representation of single parent adoptive families in various forms of media, including television, film, and literature, to counter negative stereotypes and foster understanding; Integration of adoption education into school curricula to encourage inclusivity and educate kids about various family types, such as single parent adoptions.
Improving Adoption Screening and Procedures
Policies should concentrate on improving adoption procedures and screening processes in order to guarantee the wellbeing and safety of adopted children. This comprises:
Comprehensive home studies and evaluations: These are carried out to see whether single adoptive parents are suitable and to make sure they have the resources, stability, and dedication to give the kid a nurturing environment.
Post-adoption support: Establishing post-adoption support programmes to give single adoptive parents ongoing help and resources as they handle the rewards and difficulties of parenting.
Providing specialised training for adoption experts to address the distinctive needs and considerations of single parent adoptive families, including training in cultural sensitivity and competency.
These policy suggestions can help society build a welcoming and accepting atmosphere for single parents who decide to adopt. Such regulations not only advance the best interests of children but also acknowledge and reward the skills and commitment of single people in giving adoptive children with loving homes.
Related Case Law:
Lakshmi Kant Pandey v. Union of India (1984): Although not specific to single-parent adoption, this case emphasised the welfare and best interests of the child as the primary consideration in adoption.
Judgement: The judgement highlighted the importance of providing a secure and loving home for children through adoption, irrespective of the marital status or gender of the adoptive parent.
Significant legal advancements in India regarding single parent adoption reflect shifting cultural circumstances and acknowledge single people's capacity to give children a caring and nurturing home. Although there aren't any laws specifically governing adoptions by single parents, the Juvenile Justice (Care and Protection of Children) Act of 2015 and the Guidelines Governing Adoption of Children, 2015 both permit it.
The qualifying standards, registration procedure, and home study requirements guarantee that potential single parents are able to provide for the needs of the child. The legal basis for single parent adoption is further strengthened by court procedures and post-adoption support programmes.
2. The role of Indian Companies and polluting the environment
Pollution plays a crucial role in the ozone layer, water bodies, humans, wildlife, and nature. Pollution in the air has increased drastically in our daily lives. This is caused by liquid and solid patches and certain gases that are emitted into the terrain. Water gets polluted when toxic chemicals and plastic waste are mixed into water bodies, which also affects sea life on a massive level. The process by which water and solid waste contaminate groundwater and soil is referred to as land pollution.
The World Health Organisation (WHO) holds human beings responsible for pollution. It says The WHO has blazoned Delhi as one of the most weakened metropolises due to the gassy adulterants caused by the vehicles. In India, the level of air pollution stands at a critical level, which is evident through the increased levels of PM10 (dust, soot, and sand). These particles emit heat and make urban cities warmer, thus causing climate change.
Sources of Pollution
Most of the air pollution is emitted from the use of fossil fuels, which are turned into energy. During this process, toxic gases and chemical particles are spread in the air. The most common type of air pollution is smog and soot, which are emitted during the burning process of fossil fuels like natural gas and coal.
Some of the sources of air pollution are:
- Burning of fossil energies
- Vehicular Pollution
- Usage of air conditioners
- Garbage burning
- Marine waste dumping
- Oil splits
- Radioactive waste
- Discharge of untreated sewage
- Flooding during monsoons.
Effects of Pollution
The main cause of climate change will be pollution. The emission of carbon dioxide and methane gradually raises the earth's temperature, which results in an increase in smog, i.e., smoke and fog, and increased UV radiation.
Air pollution can cause irritation of the throat, eyes, and lungs and can stimulate allergies and asthma. The presence of chemicals like mercury and lead can damage children’s brain function. Long exposure to polluted air may also cause harm to the liver, skin problems, and reproductive organs.
Animal health is massively connected with pollution, which is man-made as well as natural-made. The food chain gets disturbed when some species go extinct because each species does its own particular work that contributes to our human existence. For example, honey bees
Related case law: Subhash Kumar vs. State of Bihar and Ors.(1991).
In this case, the right to a pollution-free environment is being declared to be part of the right to life under Article 21. The right to life is a fundamental right that every person has the authority to exercise without anyone’s permission, and they've got the right to enjoy pollution-free air and water for their own enjoyment.
LEGAL FRAMEWORK IN INDIA
(I) Air Pollution Control
India is facing environmental pollution due to its rapid development, but it lacks proper pollution control. The two main laws that regulate air pollution in India are the Air Act, 1981 (Prevention and Control of Pollution), environment (Protection) Act, 1986 and the National Green Tribunal Act, 2010.
Related case law: Bhopal disaster case
Tonnes of Methyl Isocyanate (MIC) gas mixed with other poisonous gases from a chemical plant that is owned and operated by Union Carbide (India) Limited.
At least 4,000 people were killed and several were injured in this incident. This incident caused victims' throats and eyes to burn because the gases remained low to the ground. Those who were exposed to such toxic gas gave birth to physically and mentally disabled babies even after 30 years.
(II) Water Pollution Control
Polluting the water is still one of the most severe issues facing the Indian government.
Some of the Indian laws that are passed by Indian legislation have control over water pollution.Some are Water Prevention and Control of Pollution Act, 1974, The Water Prevention and Control of Pollution Cess Act, 2003, The National Green Tribunal Act, 2010.
It vests authority in the Centre Pollution Control Board (CPCB) and the State Pollution Control Board (SPCB).
CPCB performs functions for union territories along with creating policies related to the prevention of water pollution and coordinating with different SPSBs. SPCB controls sewage and industrial discharge by having authority to consent to discharge.
Related case law: M.C. Mehta v. Union Of India (Kanpur Tanneries Matter), Air (1987) 4 Scc 463
It was a complaint of the petitioner that neither the people nor the government are showing the least amount of interest in stopping polluting the river Ganga. Later, steps were taken that should be taken for the purpose of protecting the river Ganga.
(III) Land Pollution control
There is no specific legislation that involves the regulation of land pollution.
Unlike air pollution and water pollution, which have specific statutes to govern and control, land pollution is generally touched upon by the Environmental Protection Act, which deals with all aspects of environmental problems.
Related case law: M.C. Mehta vs. Kamal Nath and Ors. (1996)
The Himachal Pradesh government has sold out a piece of protected forest area on the riverside to hotels, motels, and for other commercial purposes.
Indian companies among CO2 polluters Globally
The 1st spot is conquered by India’s Vedanta limited. It’s a mining company which often has land disputes with local people near the mineral rich areas of Jharkhand and Chattisgarh. Vedanta Limited is being criticised by other business companies for the pollution of the local environment and resources.
Following Vedanta in the list are JSW Steel Ltd., Adani Power Ltd., Reliance Power Ltd., Hindalco Industries Ltd., and Tata Power Co. Ltd. This makes some Indian companies within the top 25 polluters of the world. All these companies are privately owned by their Founder.
Related case law: Eloor and Edayar industrial zones
The Periyar river between eloor and edayar in kerala has been polluted by the untreated toxic effluents and waste by around 300 industries. The supreme court appointed committee was set up to examine the violation of environmental law and hazardous waste which was emitted by the industries.
Role of Companies in Environmental Protection
The role of the environment is essential for the existence of humans and animals. We humans are so dependent on our environment in our day-to-day lives. Therefore, it is necessary on the part of companies to protect and conserve the environment to prevent global issues.
Some of the roles of companies in environmental protection are:
Sharing the company's sustainable business practises with their clients and customers is important. The customers shall have a general idea of what the company has gone through to attain the product in the most efficient way possible. The machinery used for production or in the process of production should be enhanced to a level where it reduces pollution emissions.
Regular sustainability audits have to be initiated by the company's authority to ensure internal and external environmental protocols. Companies involved in the production of multiple products can go for eco-friendly, clean technology, and low-waste equipment used by such industries.The businesses have to adopt new technology and materials in their ingredients and packaging. By using this method, the companies can develop new products that are more sustainable.
Indian companies are making moves to control and prevent pollution.
For the past years, Central and state agencies and governments have been introducing several policies and programmes to fight the pollution level, which has increased across the water, air, and land. The central government has launched the "National Clean Air Programme" to reduce air pollution in India over the next 5 years.
The level of pollution and government programmes and policies to control it in India have created an opportunity for business companies and start-ups. A number of companies have expanded their need or demand for water and air purifiers to meet their portfolios, while other businesses are mainly focused on recycling or reducing the waste emitted by the company. The pollution control sector has a high potential and can contribute to society.
Companies working towards contributing cleaner air:
BreathEasy: This company helps its clients or customers with the best quality purification systems. They produce products like air purifiers, indoor Air quality monitors, car air purifiers and face masks.
So, this company has its own business by providing quality products that can help decrease the level of pollution in our environment. This allows their clients to benefit around homes, office spaces, schools and colleges, hospitals, museums, art galleries, etc. by converting polluted air into fresh air, which is good for the respiratory system of a human being as well as for the environment.
Pi Green Innovations: This company offers a solution to combat polluted air by reducing particulate matter (PM). Their products make a special contribution to our environment. Some of them are: Filterless technology for automobiles, which converts the polluted air emissions by the automobiles into fresh air (90%). Filterless technology for generators, which automatically captures over 90% of the PM emitted by the diesel generators. Filterless Ambient air purifier, which sucks the polluted air around its surrounding environment and separates all PM, dust particles, smog, and smoke and releases clean air around its outlet. Jaggery units are meant to be fitted into exhaust chimneys. It collects all the polluted air, separates the carbon and PM from it, and releases clean air into the outlet.
Companies working towards contributing to cleaner land:
Deshwal Waste Management: The company's main aim is to promote and increase the recycling of e-waste in India. This company also predicts that India will generate more e-waste over the next few years. The company operates across multiple recycling products like battery waste, general and dismantling waste, plastic waste, used oil waste, etc. The company has its own clients from different types of sectors, including heavy industries, Consumer goods, telecommunications, the IT sector, consulting, medical, and automobiles.
Ishitva robotic systems - The company uses AI, IoT(Internet of Things), ML and computers to sort waste to enhance the method of recycling and disposal. Sorting and segregation of waste are the weakest parts of the waste recycling chain in India.
Ishitva Systems has created efficient and effective ways to improve the quality and quantity of the waste recycling system. Its solutions are SUKA AI-powered air sorting, YUTA AI-powered robotic sorting, NETRA AI-vision system and Smart bins.
Companies working towards contributing cleaner water:
INDRA System: The company provides packaged recycling solutions to its clients.Indra introduced its products, which mainly focus on removing pollutants from residential, commercial, or industrial wastewater. They imply their wastewater treatment is through innovative technologies that are more effective, require less maintenance, and are affordable with a rupee per KL treatment cost.
The ultimate problem with most companies is that they don’t really take the initiative to reduce, reuse, and recycle the waste they emit. The best way to create products from nature that are sustainable instead of creating chemical products is through a much cheaper process. So the industries and businesses should mainly focus on the environment rather than seeking more customers; at least make the process eco-friendly so that these companies can help the surrounding area on a small or large scale.