Juvenile Justice Amendment Act 2021| Bombay High Court Stays Transfer of All Adoption Cases To District Magistrates

A Division Bench of the Bombay High Court comprising Justice GS Patel and Justice SG Dige has passed an order granting interim relief in an interim application filed in a plea challenging the Juvenile Justice Amendment Act 2021.

The High Court has stayed the amendment to the extent of jurisdiction over adoption matters from courts to district magistrates.

The petitioners and the intervenors had challenged the 2021 Amendment which has the effect of transferring all the cases related to adoption including foreign adoptions to the district magistrate from the courts.

The High Court noted that it had been hearing the cases relating to adoption and there was no complaint against it. The Court said,

“Until now at least adoptions were with the judges of the High Court and many of us have, while on the Bench, handled these cases. It is not shown to us that there has been any complaint about the handling of these cases. We have yet to see the justification for the amendment. The matter has been pending since October 2022. We are now told that there should be no stay on the implementation of the amendment and that the Government will file its reply”.

The High Court in its order also observed that while granting interim relief the interest of the children and the infants along with the adoptive parents has been kept in mind. The high court observed,

“Presently, the adoptions are being handled by Single Judges of this Court. This has continued for a very long period of time and nothing is shown to us to indicate why for a limited period of time of about four weeks this should not be continued until we finally hear the challenge. No prejudice will be caused to any party if the existing system continues”.

The High Court did not agree with the argument of delay and disposal of cases since the adoption jurisdiction of the high court did not have any backlog and no adjournments were requested or ordered in adoption cases.

The High Court has granted the interim stay only till the next hearing and not indefinitely. The bench also observed that if the petitioners succeed, any orders that are passed by the District Magistrate would be immediately vulnerable.

The High Court also issued notice to the Attorney General since the vires of the Act were challenged.

Case Title: Nisha Pradeep Pandya vs Union of India & Ors