Nagpur: In a landmark verdict, the Nagpur bench from the Bombay High Court has decided that adoption cannot be limited to orphans, abandoned and surrender, those who are contrary to law or protection.
While some allowed revised applications submitted by the biological parents and adoption of a girl, Judge Manish Pitale canceled the Yavatmal District Court order that rejected their adopted request.
The District Court stated that the provisions of Juvenile Justice Law, 2015, did not apply in this case since the child was not abandoned, orphaned, or surrendered, or contrary to the law and needed care and protection.
“The life of the JJ Law shows that complicated procedures are placed and intended for the adoption of a child by relatives, which is also determined below the enactment.
If adoption must be applied strictly only in children contrary to the law or those who need care and protection, The complicated provisions regulate the procedure for adoption by relatives or parents will not be provided, “HC said.
Justice Pitale directs Yavatmal judges to hear the application once again on merit, while considering the new provisions of the law.
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, adolescent justice (children’s care and protection) ACT, 2000, became clear that various new provisions had been applied 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 the ‘adoption regulation’, 2 (12) defining ‘children’, 2 (52) defining ‘relative’ and 2 (57) defining the ‘special adoption body’ to compete, there is a conscious departure JJ ACT, 2000.
Citing 2017 Adoption Regulations, Pitale Justice said they had been framed by exercising based on JJ Law, 2015.
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The JJ Act, 2015, not only intends to care for children, who are in conflict with the law and those who Requires maintenance and protection, but also to provide and regulate the adoption of children from relatives and step-steps “.