Illegal adoptions: Supreme Court to put house in order

SC said that the Court would carry out an “in-depth and elaborate analysis” of the subject to pass appropriate orders to change the state of affairs.

Written by Utkarsh Anand | New Delhi | Published:May 7, 2015 3:41 am
Supreme court, child, mother, child care, child custody, divorce, hyderabad couple, couple divorce, india news, nation news, national news, Indian Express There were no further arguments, as the father, sitting in the back row of the court hall, passed messages though a junior counsel.

The mechanism for domestic and inter-country adoption is set for a revamp with the Supreme Court Wednesday saying it would fix the functioning of Central Adoption Resource Authority (CARA) — the nodal agency under the Ministry of Women and Child Development for regulating adoptions.

Underlining the “disturbing” facts pertaining to cases of illegal adoption that were approved by CARA, a bench of Justices Ranjan Gogoi and N V Ramana held that the Court would carry out an “in-depth and elaborate analysis” of the subject to pass appropriate orders to change the state of affairs.

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The bench expressed disgruntlement that a CARA director had been booked by the CBI in a case of illegal adoption of children from a Pune-based orphanage, and regretted that an institution, the apex court had immense faith on, was brought down to such a level by the stakeholders.

“CARA is an agency that came into being after our judgement in the Lakshmikant Pandey Case in 1984. See where we started and where we have landed now. Even the CARA director is facing charges for illegal adoption. What do we do when everything is rotten?,” lamented the bench. In the Lakshmikant Pandey case, the apex court had directed setting up of a nodal agency for regulating intra-and inter-country adoptions.

Justice Gogoi recounted one of his judgments on this subject wherein he had prescribed extensive guidelines to be followed by CARA while permitting adoptions. But the judge regretted: “I had a very high opinion of CARA. This is how institutions come down at the hands of individuals.” The bench fixed the matter for July 14 as the first item, and assured senior advocate Shekhar Naphade, appearing for PIL petitioner NGO Advaith Foundation, that it would put things in order.

The bench also rejected a separate plea by a woman, who sought for its nod to take her adopted daughter, living in a Kolkata orphanage, to Canada.

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