In a significant ruling touching adoption, identity, and social justice, the Bombay High Court has held that an adopted child whose biological parents are unknown is entitled to the caste status of the adoptive parents. The court set aside orders that had cancelled a caste certificate issued to such a child, calling the approach of authorities legally flawed and insensitive to the purpose of adoption laws.
Background of the Case
The case was filed by Geeta Dattatray Achari, who had adopted a male child abandoned at birth. The adoption was completed in 2014 through a lawful order passed by the District Court in Pune under the Juvenile Justice (Care and Protection of Children) Act, 2000.
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Following the adoption, official records, including the birth certificate, reflected the adoptive parents as the child’s legal parents. Since the adoptive mother belonged to the Special Backward Category, a caste certificate was issued in favour of the child in 2017.
However, an anonymous complaint alleged that the certificate was obtained using false documents. Acting on this, the Sub-Divisional Officer cancelled the caste certificate, and the decision was later upheld by the Caste Scrutiny Committee. This led the adoptive mother to approach the High Court.
The bench of Justice S.M. Modak and Justice M.S. Karnik examined whether an adopted child, whose biological lineage is unknown, could legally claim the caste of adoptive parents.
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The judges closely analysed the Juvenile Justice Act, 2000, which governed the adoption at the time. They noted that adoption under this law permanently separates a child from unknown biological parents and creates a full legal relationship with adoptive parents.
“The effect of adoption is not symbolic,” the bench observed, adding that the law intends to grant the child “all rights, privileges, and responsibilities” of a biological child.
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The court found that the authorities had focused narrowly on the caste verification law while ignoring the legal consequences of adoption. It noted that neither the caste law nor its rules expressly deal with abandoned children, but that gap cannot be used to deny them identity.
The bench stressed that once a court-approved adoption is complete, the child’s legal status must be respected across all government systems.
“If such recognition is denied,” the court remarked, “the child’s future would remain in uncertainty.”
The judges also relied on earlier rulings which held that when biological parentage is unknown, caste must logically flow from the adoptive family.
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Allowing the writ petition, the High Court quashed both the cancellation order passed by the Sub-Divisional Officer and the decision of the Caste Scrutiny Committee.
The court directed the Scrutiny Committee to issue a caste validity certificate to the adopted child, recognising him as a member of the Special Backward Category, within four weeks.
Case Title: Mrs. Geeta Dattatray Achari vs State of Maharashtra & Ors.
Case Number: Writ Petition No. 14840 of 2022
Date of Judgment: 29 January 2026
