Adopted Child has Same Rights as Natural Child: HC

Bengaluru: An adopted child cannot face discrimination while being considered for their parents’ job on compassionate grounds; this was stated by the Karnataka High Court.

Rejecting the contention of the Government of Karnataka, a division bench of Karnataka High Court said, “The distinction made between an adopted son and a natural son by respondent 2 and 4 (Prosecution Department and Assistant Public Prosecutor) either on the basis of the existing Rules in our considered opinion would not have any impact or role to play in the matter.”

The Karnataka government’s Prosecution Department had recently objected to the job offering on compassionate grounds to an adopted son. But the Court in its judgment said, “A son is a son or a daughter is a daughter, adopted or otherwise; if such a distinction is accepted then there would be no purpose served by adoption.”

Vinayak M Muttatti, a Class-IV employee in the office of Assistant Public Prosecutor, JMFC, Banahatti had adopted a son named Girish through an adoption deed in 2011. Following his death in March 2018, his adopted son filed an application seeking a job on compassionate grounds. But it was rejected because he was an adopted son rather than a natural son.

The court directed the Department to accept the representation submitted by the petitioner for compassionate appointment as if the petitioner is “a natural born son without making a distinction between an adopted son and a natural son”.