Adoption cannot be restricted to orphans, abandoned children: Bombay High Court

Justice Manisha Pitale of the Nagpur bench of the Bombay High Court held that adoption cannot be restricted to children who have been orphaned, abandoned or those in conflict with law. The Juvenile Justice Act permits adoption of children of relatives, she said.

The Nagpur bench of the Bombay High Court has held that as per the provisions of the Juvenile Justice (JJ) Act, adoption of children cannot be restricted only to orphaned, abandoned, surrendered children or those in conflict with the law, adding the law also permits adoption of children of relatives.

A single-judge bench of Justice Manisha Pitale was hearing a petition filed by the biological parents of a girl child from Wardha who wanted their daughter to be adopted by a family from Yavatmal in Maharashtra. The Yawatmal lower court had rejected their plea under the provisions of the JJ Act and Adoption Regulations framed under this Act.

The ground that the lower court had taken that since the child, in this case, is neither a child in conflict with the law, nor a child in need of care and protection, nor an orphan, nor a surrendered/abandoned child, the provisions of the JJ Act are not applicable.

Since there were no respondents in the case, Justice Pitale appointed Advocate FT Mirza as amicus curiae to assist the court for proper disposal. Advocate Mirza also supported the prayer made on behalf of the parents.

Advocate Ira P Khist, appearing for the parents, told the court that "the view adopted by the Court below was extremely narrow and it did not take into consideration the changes brought about in the JJ Act."

After hearing Mirza and Khist, Justice Pitale said, "In view of the above, the impugned order is quashed and set aside. The court below is directed to consider the application afresh".

The high court asked the lower court to look into the case "on merits under the provisions of the JJ Act, to examine whether they satisfy all the procedural requirements thereunder. Depending on findings on the said aspects, the court below shall dispose of the application submitted by the revision applicants as expeditiously as possible."