Bombay High Court

Bombay HC: Adopted Son's Caste Certificate Reinstated After Anonymous Complaint

Updated
Feb 9, 2026 11:25 PM
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Quick Summary: The Bombay High Court ruled in favor of Geeta Dattatray Achari, allowing her adopted son, Om, to get a caste certificate that matches his adoptive parents. This decision changes earlier rulings that denied the certificate because there were no rules for adopted children.

The Case Begins: Adoption and Caste Certificate

In Pune, Geeta Dattatray Achari and her husband adopted a child named Om through the Juvenile Justice Act, 2000. On August 22, 2014, the District Court recognized Om as their legal son. After this, Geeta applied for a caste certificate for Om, as she belongs to the Special Backward Category. On June 19, 2017, the certificate was granted.

Trouble Arises: Certificate Cancellation

Someone anonymously complained that the caste certificate was obtained dishonestly. The Sub-divisional Officer looked into it and canceled the certificate on February 21, 2018. Geeta's appeal to the Caste Scrutiny Committee was turned down on December 31, 2018. This led to Geeta filing a petition in the Bombay High Court.

The Court's Consideration: Legal Provisions and Adoption

Judges S.M. Modak and M.S. Karnik reviewed the Maharashtra Caste Certificate Act, 2000, and related rules. They found no specific rules for adopted children. However, they considered the Juvenile Justice Act, which supports the idea that adopted children have the same rights as biological children.

Legal Precedents: Similar Cases

The court mentioned a similar case, Dr. Sonal Pratapsingh Vahanwala vs. Deputy District Collector, where adoption legitimacy was supported. They also looked at Supreme Court observations from Rameshbhai Dabbhai Naika vs. State of Gujarat.

Juvenile Justice Act Insights

The Juvenile Justice Act, 2000, in effect during Om's adoption, allowed for the adoption of abandoned children. The Act emphasized that adopted children are to be treated as legal, with all parental rights and responsibilities.

The Court's Decision: A New Precedent

On January 29, 2026, the court ruled that Om should receive a caste certificate as a member of the Special Backward Category, matching his adoptive parents. The previous orders canceling the certificate were overturned, and the Scrutiny Committee was directed to issue the certificate within four weeks.

"When the process of adoption is completed, the adopted child becomes the legal child of the parents and all rights, privileges, and responsibilities are given to him."

This decision marks a significant step in recognizing the rights of adopted children to inherit the caste status of their adoptive parents, ensuring their legal and social integration.