Telangana HC seeks report on trafficked 2-year-old after adoptive parents seek custody

The single judge order, dated January 28, noted that the couple had taken good care of the child but refused them custody as she was adopted through illegal means and from a person accused in several child trafficking cases, Nakka Yadagiri. The judge had observed that bypassing official procedures to allow an “out-of-turn” adoption of the child as pleaded would “amount to and lead to a prescription for illegal adoptions…and encourage child trafficking in the country”.

Representing the appellant Muthuneni Venkanna, advocate C Rakee Sridharan on Friday argued that the bench consider the child’s emotional bond with the adoptive parents. The bench clarified that the bonding was created in a manner not in accordance with law. “How could you take a one-month-old child from the biological parents, even if you had all the good intentions, without going through the procedure? You could have adopted in a manner permitted under law,” the bench observed.

When the counsel pointed to a recent Supreme Court ruling in a similar case where the apex court invoked Article 142 of the Constitution and sought similar relief, the bench pointed out that the decision of the apex court was meant to do “substantive and complete justice” and the facts in the case did not align with the facts of the present case.

The counsel submitted that the child was taken away from a happy and protective environment where she was never exploited at any time. “Welfare of the child can be taken care of by the CWC also. It is not this child who is alone. Other children in the custody of CWC are also equally taken care of well,” the bench observed.

Meanwhile, the government pleader for the WDCW department opposed the couple’s contentions and pointed out that the child was procured from a person accused in a major child trafficking racket busted in Suryapet. She submitted that multiple related FIRs have been registered regarding the rescue of nearly 50 infants. She also informed the court that several relevant documents, including the FIR, letters of the CWC, and detailed profiles of the children, have not been brought on record in the present appeal.

The court noted that the single judge refused to interfere with the custody of the child taken over by the CWC Nalgonda, taking into consideration that the couple’s adoption was not as per law, and also that an FIR was filed alleging the sale of the girl child for Rs 6 lakh from Yadagiri. The court also noted that the FIR relates to illegal adoption and the alleged trafficking of several children. Permitting the government pleader to place on record all relevant documents, the matter was adjourned for further hearing on March 10.