Lawfully Yours: By Retired Justice K Chandru | Only women independently qualified for adoption; no discrimination in this

Only women independently qualified for adoption; no discrimination in this

As you have delivered many landmark judgments on gender-related issues, I assume you consider men and women equal. In this context, I want to know whether you think the regulation of the Central Adoption Resource Authority (CARA) allows women to adopt a child of any sex but doesn't allow men the same, as misandry or not.

-- Surya Narayan Dash

There is no arithmetical equality between genders. While Article 14 guarantees equality and equal protection under law, under Article 15, among other issues, the State declares that it shall not discriminate on the grounds of sex. The term has only come up for interpretation by courts, and it was explained that a person who complains of discrimination must prove that it was only on the grounds of sex, unlike in the US, where sex discrimination also violates the Constitution. It is a fact that it is the mother who is best suited to bring up the infant child. Therefore, when CARA guidelines were framed, it took note of the existing personal laws and the biological structures and said only women independently qualify for adoption and not males alone. I do not think there is any discrimination in this issue, only on the grounds of sex.

Certified copy of original deed enough to sell remaining portion in a single plot

I own four acres of agricultural land in southern Tamil Nadu, and I would like to sell 2.5 acres while retaining the remaining 1.5 acres. The entire four-acre property is registered under a single sale deed. When selling 2.5 acres, I am required to hand over the original sale deed (which mentions the full 4 acres) to the buyer. If I hand over the original sale deed, there will be no documentary sale deed to support the ownership of the balance of 1.5 acres. What documentation for the balance 1.5-acre ownership should I execute to ensure evidence for the ownership of the balance 1.5 acres for future transactions?

-- Viswanathan K S, Chennai

There is no difficulty in coming to a working arrangement in this case. The original deed can be kept with a common neutral person with both having access, or you can write a clause in the sale deed that while the original is being handed over to the buyer, he shall be obliged to produce it as and when you require it. For selling the remaining land, it is enough if you have a certified copy, and the government has issued directives that the Registrars need not insist on producing the original title deeds.