The petition filed by Nisha Pandya, a resident of Kandivli, through advocates Vishal Kanade and Sameer Sawant states that the 2021 amendment replaced the word “court” with “district magistrate”, implying that the adoption procedure will be overseen by an executive officer
Mumbai: A petition filed in the Bombay high court on October 6 has challenged the 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act, 2015, and the subsequent notification of September 1, 2022, which authorises district magistrates to oversee and decide on adoption cases. This task was thus far the responsibility of the judiciary.
The petition has also sought a stay on the September 30 communication from the authorities to the courts to transfer all adoption cases to district magistrates. It will come up for hearing after the Diwali vacations.
The petition filed by Nisha Pandya, a resident of Kandivli, through advocates Vishal Kanade and Sameer Sawant states that the 2021 amendment replaced the word “court” with “district magistrate”, implying that the adoption procedure will be overseen by an executive officer, which was otherwise entrusted to the judiciary ever since the word ‘adoption’ was defined under the Act by an amendment in 2006.
The petition stated that another amendment in 2015 had taken away the power to oversee the process of adoption from the Juvenile Justice Board (JJB) and had conferred it on the courts with the aim of ensuring that a proper procedure was followed under the supervision and sanction of the court. The petition further stated that the Supreme Court had also laid down guidelines for adoption, after which the Central Adoption Resource Agency (CARA) was set up.