Chennai: The Madras High Court has directed the Union Government to clarify why transgender persons have been excluded from eligibility for adoption under the Central Adoption Resource Authority (CARA) Guidelines framed pursuant to the Juvenile Justice (Care and Protection of Children) Act, 2015, despite the enactment of the Transgender Persons (Protection of Rights) Act, 2019.
A Bench comprising Chief Justice Manindra Mohan Shrivastava and Justice G. Arul Murugan was hearing a writ petition challenging provisions of the Hindu Adoption and Maintenance Act, 1956, and the CARA Guidelines as discriminatory against transgender persons and contrary to the spirit of the 2019 Act.
The petitioner’s counsel, Ms. Karthikaa Ashok, argued that following the enactment of the Transgender Persons (Protection of Rights) Act, 2019—which ensures the protection and welfare of transgender individuals—the terminology “male” and “female” used in Rule 5 of the CARA Guidelines must be interpreted inclusively to encompass transgender persons as well. The exclusion, she contended, violates the right to equality and the legislative intent of the 2019 Act.
It was further submitted that the online application process on CARA’s official portal does not permit transgender persons to register or apply for adoption, thereby denying them their statutory right under the Juvenile Justice Act, 2015.
Recording these submissions, the Bench observed that since the Juvenile Justice Act is a Central legislation and CARA operates under the general control of the Union Government, the Centre must file an affidavit explaining why the CARA Guidelines have not yet been amended or supplemented to comply with Section 8 of the Transgender Persons (Protection of Rights) Act, 2019, which mandates the government to take proactive steps to ensure transgender inclusion in welfare and legal frameworks.
The Court directed the Additional Solicitor General of India, Mr. A.R.L. Sundaresan, appearing for the Union Government, to file a reply clarifying the government’s stance on the issue. The Court granted the Union Government one final opportunity to respond.
The matter has been posted for further hearing on December 4, 2025.
Case Title: B. Shama v. Union of India & Others
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