SC agrees to hear PIL seeking simplification of child adoption process in India

They dont want any action to be taken as they worry that children may go into the wrong hands, he said.Justice Chandrachud said that they have genuine concerns and recalled his stint as adoption matter Judge at the Bombay High Court.There was one case which came before us was that there was inter-country adoption of the child.

The Supreme Court on Monday agreed to hear a plea seeking to simplify the legal process for child adoption in India saying that only 4000 adoption annually takes place in the country.

A bench of Justices DY Chandrachud and Surya Kant issued notice to the Centre after petitioner in-person Piyush Saxena, appearing for an NGO "The Temple of Healing," said that he had made several representations to the Union Ministry of Women and Child Development for simplifying the process of child adoption but nothing has taken place till now.

The bench said, "We will issue notice and see what the government has to say on the issue".

Saxena said, "As per the data available in the public domain, there are only 4000 child adoptions annually but till last year we had three crores orphan children in the country. There are several infertile couples who are willing to have a child".

He further said that people are not educated enough therefore the scheme should be based on the Income Tax scheme which was issued 16 years back. "Last year, during the pandemic the ministry issued a notification that relaxed the norms but this could be done on a regular purpose", he said.

The bench said that he represents a body and what does that have to do with the adoption.

"I am the secretary in the '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, adding that Child Adoption Resource Information and Guidance System may appoint a few trained "adoption prepares" on the lines of Income Tax preparer scheme of 2006.

He said that they can help prospective parents to complete the cumbersome paperwork required for adoption.

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 with by the Ministry of Women and Child Development.

The bench said that the registry says that the petitioner has worked with corporates also.

Saxena said that he was senior vice president in Reliance Group of Companies but he had conducted an in-depth study on the subject.

"The Ministry of Women and Child Development asked me for a detailed written submission which I gave them last March but till 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 said that they have genuine concerns and recalled his stint as adoption matter Judge at the Bombay High Court.

"There was one case which came before us was that 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 said.

He said that after the child became a major he got involved in some drug cases and was deported back to India but here he could not understand any language as he was taken away abroad when he was just an infant.

"Somehow the child now major was found by Missionaries of Charity and the matter came up before the court. Yes, you are right there are abuses but we need to tighten those gaps keeping in mind the number of orphans", Justice Chandrachud said. Saxena said that everything has risks and benefits and 25 years back when credit cards were issued in the country they were valid only in India and Nepal and there were apprehensions of misuse but now every person uses it comfortably. The bench told Saxena that he has made his point and the court is issuing notice as it appears to be genuine PIL and that's why it was asking so many questions.