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The CJI yesterday while hearing the PIL on adoption process remarked he was unsure if the directions being issued by the court were actually making a difference on the ground
The Supreme Court on Friday was informed that out a total of 670 districts, specialised adoption agencies were non-operational in 370 of them.
ASG Aishwarya Bhati gave this figure to a CJI DY Chandrachud led bench which was hearing a plea seeking directions to make adoption procedures simple, and superfluous.
"We have filed a status report...states have said they need more time to comply ..they are lagging behind", ASG Bhati responded on being asked about the status.
Court was further told that states may be given last opportunity to comply by its previous directions.
However, the bench took strong exception to this and warned states and union territories of “coercive steps” for non-compliance of its directions. “If the directions issued by us on November 20, 2023 are not complied with, we will be constrained to take coercive steps", it said.
The bench also comprising Justices Pardiwala and Manoj Misra has accordingly directed the states and UTs to provide latest data by April 7 to the Union Ministry of Women and Child Development on setting up of SAAs and the number of adoptions.
Earlier, ASG Aishwarya Bhati had informed the bench that as per experts from the field once a child came under the Central Adoption Resource Authority (CARA), there was no delay in their adoption. Court was further told that a positive step of foster adoption has been started by CARA.
Supreme Court had earlier questioned CARA on why it was stalling the adopting process in the country while thousands of orphans waited.
The instant plea has been filed by the Temple of Healing through its Secretary Dr. Piyush Saxena seeking an appropriate direction to the Central Government for improving the number of adoptions in the country. The plea also sought direction to frame guidelines for the purpose of adoption in India.
Last year, the bench while issuing the notice, had said, "We are satisfied that this is a genuine petition. We will issue notice."
The plea further sought direction to the Ministry of Women and Child Development to give adequate publicity to HAMA (Hindu Adoptions and Maintenance Act, 1956) even though the Act has been formulated by the Ministry of Law and Justice.
Additionally, the petition sought direction to enforce the fundamental right guaranteed under Article 21 which gives an individual the right to live with dignity. "An orphan cannot survive its life with dignity until he/she feels like an orphan", the plea stated.
Case Title: THE TEMPLE OF HEALING vs. UNION OF INDIA
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