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Adopted kids being exploited; laws helpless

TITHI was adopted by a Ganguly couple of Kalyanpur from Hindu Anathalya La Touche Road on June 15, 2004. As the couple started ill-treating her, she was sent back to the orphanage. An FIR was lodged against the couple on May 26, 2005, and the case is now sub-judice.In another case, a minor girl was put into the lap of a woman devotee during Navratri on April 2 this year. The incident took place in Tapeshwari Temple. This time it was a Srivastava couple who adopted the girl.

india Updated: Apr 15, 2006 00:26 IST

TITHI was adopted by a Ganguly couple of Kalyanpur from Hindu Anathalya La Touche Road on June 15, 2004. As the couple started ill-treating her, she was sent back to the orphanage. An FIR was lodged against the couple on May 26, 2005, and the case is now sub-judice.

In another case, a minor girl was put into the lap of a woman devotee during Navratri on April 2 this year. The incident took place in Tapeshwari Temple. This time it was a Srivastava couple who adopted the girl.

However, in the absence of proper knowledge of the adoption law, the police allowed the woman, whose husband is a garment trader, to take the child to home.

The child adoption licensing authorities, talking to the Hindustan Times, said that they were trying to meet the couple and tell them to adopt the child as per the adoption law. “In fact, such ignorance of law is causing exploitation of the adopted child,” they said.

Experts said that as per the law, the adopting couple was treated as legal guardians of the child and not as his or her real parents. Similarly, the child, too, is not having the status of the real child. Besides, there was no provision under the law to enforce the couple to provide the adopted child with compulsory property right, they said.

According to regional licensing inspector of Kanpur region Vijai Pal Singh, child adoption should be done under the Guardian and Ward Act (GAWA) 1890, the Hindu Adoption and Maintenance Act (HUMA) 1956 and the Juvenile Justice Act, 2000. As per the above laws, it is necessary that the orphanage home or the District Child Welfare Committee (DCWC) identifies the child before making him or her available for adoption,” he said.

“Under the law, if any child is surrendered by his or her biological parents or any abandoned child found by anyone should be handed over to an authorised children’s shelter home, and an FIR should be lodged at a nearby police station.

The necessary formalities should also be followed by the shelter home concerned to make the child available for adoption. Similarly, the adoption procedures should be followed by the couple who is keen to adopt the child,” he said.

“Besides, when the shelter home concerned is satisfied that both the adopting couple and the child are suitable, they should go for adoption formalities,” he said.

After these formalities are completed, the shelter home should furnish the details of adoption process to the regional licensing inspector for approval. Then the entire procedure should forwarded to state the headquarters.

Hence, the final approval is given by the state authorities for legal adoption.

After this, the matter would be sent to the district judge court for an agreement between the adopting couple and the shelter home.

Then a social worker of the shelter home and state authorities will visit the house of the adopting couple to ensure that child was being looked after properly for five years.

“Therefore, in the absence of awareness about adoption and lengthy legal proceedings, people are avoiding child adoption. Besides, the existing laws do not ensure the property right of the adopted child. Hence, the exploitation,” he further said.

First Published: Apr 15, 2006 00:26 IST