Nagpur: In the landmark verdict, the Nagpur bench from the Bombay High Court decided that adoption cannot be limited only for orphans, abandoned, surrender or those who are contrary to the law or need maintenance and protection.
While some allow revised applications by biological parents and collective adoption, Paniish Pitale Judge canceled and set aside the order of the Yavatmal District Court.
Previously, the Yavatmal court had rejected the case of parents to hand over their girls.
The District Court stated that the provisions of the Juvenile Justice Law (JJ), 2015, will not apply since the child contradicts the law or requires maintenance and protection and he is not abandoned, orphaned or surrender.
“The Benai of the JJ Law shows that complicated procedures are placed and intended for the adoption of a child by relatives, which are also determined below the enactment.
If adoption must be applied only for children in conflict with the law or those who need care and protection, such as The complicated provisions that regulate the procedure for adoption by relatives or parents will not be provided, “HC judge held.
Pitale justice directs Judge Yavatmal to hear the application once again based on the reward while considering the new provisions of JJ ACT.
After the two sets of parents knocked on the judicial door through Ira Khisti’s advice, HC had appointed Firdos Mirza as Amicus Curiae to help.
The latter informed that if JJ ACT, 2015, compared to the previous enactment – the Youth Justice Law (Child Care and Protection), 2000 – became clear that various new provisions had been put in place in the law, so as to expand its scope.
The law and included in the specific procedure of the fold for the adoption of children.
Shows in Chapter VIII from JJ Act, 2015, he argues that there is no such chapter in previous actions and that this is a significant departure.
He also stated section 2 (3) defining ‘adoption regulations’, 2 (12) defining ‘children’, 2 (52) defining ‘relative’ and 2 (57) defining the ‘special adoption body’ to argue that there is a conscious departure from JJ ACT, 2000.
Citing adoption regulations in 2017, Pitale Justice said that they had been framed by exercising with JJ Law, 2015.
“Therefore, it becomes clear that JJ Act, 2015, not only intends to treat children, who are contrary to the law And those who need care and protection, but also to provide and regulate the adoption of children from relatives and parents.
“Initially adoption was carried out for the family lineage: HC according to HC, initially adoption was carried out primarily to continue the family lineage and ancestors, But with the passage of time it has been done to care for the needs of children and those who need care and those who need protection.
“Adoption practices have been common since ancient times and in different societies.
Effected practices and norms have evolved over a certain period of time.
With the advent of democracy and the form of modern governments, habits, traditions, and such practices have found their way in law Codified through laws imposed by the legislature.
There are private laws imposed to determine regulations and procedures for adoption, such as secular laws to regulate the procedure, “said Justice Manish Pitale.
Cannot limit adoption only for children contrary to the law or orphans: HC
