History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v7.c93.636.1

v7.c93.636.1

In passing it may be stated that to call the Act 'Hindu Adoptions Act' is a travesty and misnomer. It should have simply been called the Law of Adoptions in India and should have retained the ancient Hindu rules for Hindus as developed by the courts and should have been of a permissive character for all Indians like the English Statute (of 1926) on the adoption of children. The general Hindu law of adoption as developed in the authoritative smṛtis and commentaries and the case law did not contemplate the adoption of a daughter (except when she was made in ancient times a *putrikā*) and to allow the adoption of a daughter when a son was living throws to the winds the basic principle of the Hindu Law that a sonless man should adopt a male as a son for the sake of the presentation of piṇḍas and water (to the Manes) and for continuance of the family name (sections 7 and 11 of the Act).