Can’t restrict adoption only to kids in conflict with law or orphans: Bombay high court

NAGPUR: In a landmark verdict, the Nagpur bench of

Bombay High Court ruled that adoption can't be restricted to only orphaned,

abandoned and surrendered children or those

in conflict with law or in need of care and protection.

While partly allowing a revision application by the biological

and adoptive parents collectively, Justice Manish Pitale

quashed and set aside the Yavatmal district court’s order.

Earlier, Yavatmal court had rejected case of parents to hand

over their girl. The district court held that provisions of the

Juvenile Justice (JJ) Act, 2015, will not apply since the child is

neither in conflict with law nor in need of care and

protection and she wasn’t abandoned, orphaned or

surrendered.

“A perusal of the JJ Act shows that an elaborate procedure is

laid down and contemplated for adoption of a child by

relatives, who are also specified under the said enactment. If

adoption was to be restrictively applicable only to children in

conflict with law or those in need of care and protection,

such elaborate provisions governing the procedure for

adoption by relatives or step-parents wouldn’t have been

provided,” the HC judge held.

After both set of parents knocked the judiciary’s doors

through counsel Ira Khisti, the HC had appointed Firdos

Mirza as amicus curiae to assist it. The latter informed that if

the JJ Act, 2015, is compared to the earlier enactment —

Juvenile Justice (Care and Protection of Children) Act, 2000

— it becomes evident that various new provisions have been

enacted in the law, thereby broadening the scope of

legislation and including in its fold specific procedure for

adoption of children.

Pointing out to Chapter VIII of the JJ Act, 2015, he contended

that that no such chapter existed in the earlier Act and that

this is a significant departure. He also stated Section 2(3)

defines ‘adoption regulations’, 2(12) defines ‘child’, 2(52)

defines ‘relative’ and 2(57) defines ‘Specialized Adoption

Agency’ to contend that there was a conscious departure

from the JJ Act, 2000.

Quoting adoption regulations of 2017, Justice Pitale said

those have been framed by exercising powers under the JJ

Act, 2015. “Therefore, it becomes clear that the JJ Act, 2015,

not only intends to take care of children, who are in conflict

with law and those in need of care and protection, but also

to provide for and regulate adoption of children from

relatives and step-parents.”

Initially adoption was undertaken for family lineage: HC

According to HC, initially adoption was undertaken primarily

to continue family lineage and ancestor worship, but with

the passage of time it has been undertaken for taking care

of needs of children in distress and those needing care and

protection.

“The adoption practice has been prevalent since ancient

time and in different societies. The established practices and

norms have evolved over a period of time. With the advent of

democracy and modern form of government, such customs,

traditions and practices have found their way in codified law

through statutes enacted by the legislature. There are

personal laws enacted specifying rules and procedure for

adoption, as also secular laws for regulating such procedure,”

Justice Manish Pitale said.