Saying that merely 4,000 adoptions happen on a yearly basis in our country, the Supreme Court agreed to hear a plea that seeks to simplify the legal process involved in child adoption. The top court agreed to this on Monday, April 11.
Petitioner in-person Piyush Saxena, who was appearing for The Temple of Healing, an NGO, shared that though he had made several representations to the Union Ministry of Women and Child Development for simplifying the procedure to adopt children in India, no development had taken place. It was after the petitioner shared this that a bench of Justices DY Chandrachud and Surya Kant issued a notice to the Centre.
As per a report by news agency PTI, the bench said that they would like to see what the government has to say about the issue.
The petitioner pointed out that as per public data, annually, only 4,000 children are adopted in India, but last year, the ongoing pandemic has left three crore children orphaned. He also stated that there are infertile couples who would like to adopt.
Saxena also stated that since people are not educated enough the scheme should be based on the Income Tax scheme which was issued 16 years back. Last year, the ministry had issued a notification that relaxed the norms and this could be done on a regular purpose, he said.
I am the secretary in The Temple of Healing and we don't accept a donation or charge any money and provide treatment of various ailments through naturopathy, Saxena said, as quoted in a report by PTI. He also added that Child Adoption Resource Information and Guidance System can appoint a few trained adoption prepares along the lines of the Income Tax preparer scheme of 2006. This will help prospective parents with the long-drawn paperwork.
He submitted that there is also an anomaly on the legislature front as adoption is being governed by the Hindu Adoption and Maintenance Act of 1956 which has a nodal ministry as the Ministry of Law and Justice while the aspects of Orphans are dealt with by the Ministry of Women and Child Development.
The bench pointed out that the registry states that the petitioner has worked with corporates, to which, Saxena replied that he was Senior Vice-President in Reliance Group of Companies, but had done an in-depth study on the matter.
The Ministry of Women and Child Development asked me for a detailed written submission which I gave them last March but still no action has taken place. They don't want any action to be taken as they worry that children may go into the wrong hands, he said.
Justice Chandrachud shared that they have genuine concerns and recollected his stint as adoption matter Judge at the Bombay High Court.
There was one case that came before us where there was inter-country adoption of the child. The child was taken abroad and it changed hands from parent to parent but he could not settle with any parent. The child turned major but none of the parents applied for his citizenship as a result he continued to be an Indian Citizen, Justice Chandrachud shared.
Once the child became a major, Justice Chandrachud went on to share, that he was involved in drugs and thus, was deported back to India. But here, he was unable to understand the language as he was taken abroad when he was just an infant. Somehow, the child, now a major, was found by Missionaries of Charity and the matter was brought up in front of the court.
Justice Chandrachud said that the petitioner is right and that there are abuses. The loose ends need to be tightened with the number of orphans in mind.
Saxena said that each and everything has pros and cons. Just like credit cards, which were issued 25 years back, were valid only in India and Nepal and though there were apprehensions regarding misuse, now everyone uses them seamlessly.
The bench told Saxena that he had made his point and that since the PIL appears to be genuine and that's why it came with several questions, the court was issuing a notice.
