The court says there is no harm if the existing system of courts handling adoption cases continues till the next day of hearing, February 14, and rejects the argument that the amendment was required to avoid delays in the disposal of the adoption matters.
The Bombay High Court has directed the central and state government not to transfer pending adoption proceedings to district magistrates, as mandated under the Juvenile Justice (Care and Protection of Children) Amendment Act 2021, till the next hearing on a challenge to the Act’s provisions allowing the DMs to issue adoption orders.
The high court said that till the plea is disposed of, the courts currently having such matters on their record and file should continue with the proceedings. “The safer and more prudent course of action would be to allow all the matters to be placed before a single-judge bench of the high court which is assigned to hear such matters… Those orders may continue to be passed until the challenge is finally decided,” it said Tuesday.
The court also stayed the effect and implementation of a September 30, 2022, letter issued by the commissioner of the Women and Child Department asking all courts to transfer adoption cases to district magistrates.
A bench of Justices G S Patel and S G Dige passed the interim order on a writ petition filed by advocates Nisha Pandya and Pradeep Pandya, residents of Kandivli, that challenged the constitutional validity of the 2021 amendment. The petitioners claimed that because of the amendment, which replaced “court” with “District Magistrate”, the adoption procedure would be overseen by the DM, who is an executive officer. The procedure had since 2006 been entrusted to the judiciary, they said, claiming that the amendment was made without any logical reason.