Bombay HC seeks Home Ministry response on plea for passport to 1-year-old abandoned Afghani child
The adoption agency in Pune, in its plea, submitted that an infant was born to an Afghani couple on September 8, 2021, and the next day the biological parents surrendered him to it.
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The court sought the assistance of Additional Solicitor General Anil Singh or any advocate from his office to resolve the issue. (File photo) The Bombay High Court Tuesday issued notice to the Union Ministry of Home Affairs (MHA) on a petition filed by an adoption agency from Pune, seeking an Indian passport for a one-year-old abandoned Afghani child so that she could be put up for adoption.
The court also sought the assistance of Additional Solicitor General Anil Singh or any advocate from his office to resolve the issue.
A division bench of Justice Gautam S Patel and Justice Neela K Gokhale on February 14 heard a plea by the Bharatiya Samaj Seva Kendra (BSSK), Pune, through its executive director, seeking a direction to the ministry to issue the child an Indian passport.
The petitioner through advocate Radhika Samant submitted that an infant was born to an Afghani couple on September 8, 2021, and the next day the biological parents surrendered him to BSSK. The institute, in its plea, said that the child was born in India and hence was entitled to an Indian passport. It added that the child has not yet been declared free/fit for adoption and that this process might be hindered for want of a citizenship document in the child’s name.
The institute added that a certain process is followed by the Child Welfare Committee to declare as being ‘free/fit for adoption’ and the same has not taken place yet. The BSSK submitted that the process for declaration might be hindered as the citizenship document in the child’s name will be required.
The plea said that the adoptive parents from overseas would find it impossible to take the infant out of the country unless she has a travel document such as a passport in her name with a properly issued visa for the country of destination.
The court said, “That may be technically correct, but what is presented to us is an issue in anticipation of a future problem: The infant, even if declared ‘fit for adoption’, will find no adoptive parents and will not successfully be adopted without a travel document. Section 8 of the Foreigners Act 1946 is invoked.”
The bench added that the “legal issue appeared to it to be narrow, and in all probability not contentious,” and can be resolved with the cooperation of all concerned. The court sought assistance from the office of the Additional Solicitor General on behalf of the MHA.
The court issued notice to the respondents seeking their response and also directed a copy of the petition along with the order be forwarded to the office of Solicitor General Tushar Mehta. The court will hear the plea next on March 1.
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