Kerala adoption row: HC appoints Adv Parvathy Menon as amicus curiae

"For me, the welfare of the girl is paramount. I am scared to send her away. How can I ensure her welfare there," Justice Devan Ramachandran asked. 

KOCHI: The Kerala High Court on Wednesday appointed Advocate Parvathy Menon as amicus curiae to assist the court in the petition filed by a couple seeking permission to return their adopted child and annul the adoption.

The couple adopted the child (now she turned 18 years old) based on the order issued by the Guardian Judge, Ludhiana, Punjab, but they wanted to annul the adoption alleging that she was unable to integrate with the family.

When the petition came up for hearing Justice Devan Ramachandran said that the contents of the report of the Secretary, District Legal Service Authority, Thiruvananthapuram, who interacted with the child, are distressing, particularly as to the plight of the young woman.

It stated that the girl, who recently turned 18 years old, expressed an intense desire to return to her parental state in Ludhiana, Punjab. This may be because she feels forlorn and virtually destitute in Kerala being 'abandoned' by her adoptive parents.

The court said that the case involved a serious and factual scenario. The girl is no longer a child, but a woman. she is presently in a home meant for women, not children. It is doubtful whether the provision under the Juvenile Justice (Care and Protection of Children) Model Rules cited the petitioner would have come to aid when the girl had attained majority.

Even though the girl wants to return, this court is not aware of how it can be ordered protection and her safety cannot be guaranteed if she is outside the territorial jurisdiction. The larger issues also arose as to how the girl is to be protected in future particularly keeping in mind her career and even marriage in her later life.  Hence, the court appointed an amicus curiae to assist the court.

The court directed the government pleader to obtain instruction from the Department of Women and Child Welfare as to what they suggest to ensure that the girl has a full life ahead notwithstanding the controversy that revolves around her.

"The child was a child when adopted, now she’s a woman. How will annul the adoption? I am extremely concerned about the girl now. I cannot leave her like this. How is she going to live? Who is going to provision for her?  And where will she be sent? Child Welfare Committee cannot do anything now. They are not in charge. From today, I must treat her as a woman since she is now 18, not as a child. And I have to ensure her safety.

The petitioner has given up, it's now for me to take care of her. If I declare so, she’ll be left nowhere. So I have to make sure she’s protected right away and I need a specialized agency for that. Even young children are not safe in our society. I am worried," said Justice Devan Ramachandran and added "For me, the welfare of the girl is paramount. I am scared to send her away. How can I ensure her welfare there?"

The couple's counsel submitted they had tried their best to rehabilitate and integrate the child with them.