Delhi High Court Issues Notice To Examine The Status Of Children Adopted Prior To Enactment Of Juvenile Justice (Care and Protection of children) Model Rules, 2016
The Single Judge Bench of Justice Pratibha M Singh of Delhi High Court has issued notice to the Union of India & Central Adoption Resource Authority ("CARA") to examine the status of in respect of adoptions carried out before enactment of the Juvenile Justice (Care and Protection of Children) Model Rules, 2016, framed under the Juvenile Justice (Care and Protection of Children) Act, 2015.
"The welfare of the child is paramount in such cases, and the validity of the rejection of the NOC by CARA is to be examined by the Court.", the Bench noted.
In the present matter, the petitioner adopted a child born on December 11 2014, from their Cousin working in an organisation as Ferozepur District Coordinator of Social Work. The petitioners completed all the legal formalities with the Child's biological parents by executing an adoption deed between the biological and the adoptive parents & got the same registered on December 18 2014, under the Hindu Adoptions provisions Maintenance Act, 1956.
The petitioners took various steps for seeking a declaration of parenthood by filing a civil suit before the Court of the Civil Judge, Senior Division, Ferozepur, seeking a declaration to the effect that the Child is the petitioner's adopted daughter. But the Court refused to grant the said relief on the ground that the Hindu Adoptions and Maintenance Act, 1956, did not apply to Christians.
Since the petitioners resided in the U.S. & the adopted Child in Kerala with her grandparents, the petitioners to obtain the Child's passport approached CARA to get a NOC which was rejected via communication dated July 10, 2020. Apart from rejecting the NOC, the Authorities further initiated action against the adoptive parents, the relatives who helped in the adoption, and the adopted Child's grandparents.
Thereafter, the petitioners approached this Court, challenging the impugned communication issued by CARA.
The petitioner's Counsel while relying on the judgement of this Court in PKH v. Central Adoption Resource Authority (W.P. (C) 5718/2015, decided on July 18, 2016, argued that how the authorities were proceeding showed that the same was contrary to law & that there should be a mechanism in place to enable the adoption of the Christian child.
It was also submitted that registration of adoption deed under HAMA should not be used to invalidate the legality of the adoption. The Child was happily living with his grandparents and was in complete protection and care of the adoptive parents.
Thus, while directing for service of notice upon CARA through email & as by a letter & filing of a counter affidavit within four weeks, the Bench has listed the matter for April 22, 2021. Further, the Court has also ordered, "No coercive measures shall be taken pursuant to the letter dated March 2, 2020, against the Petitioners, the child, their relatives, or any person who facilitated the adoption of Ms JJS."
Case Title: Jose Solomon & Anr v. Central Adoption Resource Authority & Anr