E-Paper
SC suggests adoption centres in each district
The observation came during a hearing in a batch of petitions that sought the apex court’s suggestions to simplify the process of adoption in India
Noting that adoption figures in the country present a “stark tale”, the Supreme Court on Monday directed all states and Union territories to identify the children available for adoption, and set up a specialised adoption agency (SAA) in every district by January 31 next year.
The observation came during a hearing in a batch of petitions that sought the apex court’s suggestions to simplify the process of adoption in India.
“Statistics on adoption maintained by Central Adoption Resource Authority (CARA) provide a stark tale in themselves,” a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud observed. “Between 2013 and 2023, the figure of total adoptions in-country and inter-country ranges between 3,158 in 2022-23 to 4,362 in 2014-15.”
The bench, also comprising justices JB Pardiwala and Manoj Misra, further said, “Prospective adoptive parents (PAP) have to wait for 3-4 years for getting healthy and young children due to mismatch between PAPs and children who are orphaned, abandoned or surrendered (OAS), and are available for adoption.”
Even among PAPs, nearly 70% prefer to adopt children between 0-2 years, the court noted. “Despite timelines, it is apparent as a result of mismatch between children available for adoption and PAPs, process of adoption is interminably long.”
This mismatch is stark when the data available on CARA’s portal CARINGS is compared with the information available with states. As per the portal, 33,967 PAPs and 7,107 children are registered for adoption as on August 1, 2023. This includes 1,451 children with special needs. The information available with states points at availability of 2,146 children for adoption as on October 28.
Additional solicitor general (ASG) Aishwarya Bhati, representing the Centre, informed that the mismatch was due to lack of proper identification of children by states and UTs. Pointing out that 370 out of the total 760 districts in the country do not have SAA, she informed the court that district child protection units (DCPU) and state adoption resource authority (SARA) had several vacancies. A total of 49 out of 133 sanctioned positions in SARAs are vacant, Bhati informed.
The court directed states and UTs to identify and compile data on registration of all OAS children on a bi-monthly basis beginning December 7 and ordered that adoption agencies should be made functional in the remaining 370 districts as well besides filling up vacant posts.
“The nodal department in charge of implementing the Juvenile Justice (Care and Protection of Children) Act, 2015 shall positively communicate compliance to the director, CARA and secretary ministry of women and child development by January 31, 2024,” the bench said.
The court directed CARA to compile all responses by February 10, the next date of hearing.
One of the petitioners, NGO, Temple for Healing, told the court that adoptions under the Hindu Adoption and Maintenance Act (HAMA) are not taking place and sought a clarification from the apex court that the process of adoption under HAMA should be independent of CARA regulations.
The bench directed the states and UTs to include data on HAMA adoptions as on January 15, 2024 in their compliance report to be submitted before the next date of hearing.
