MY NAME IS ‘TODAY’

“We are guilty of many errors and many faults,

But our worst crime is abandoning the children;

Neglecting the fountain of life.

Many things we need can wait,

But the child cannot.

Right now is the time;

His bones are being formed,

His blood is being made,

His senses are being developed.

To him, we cannot answer, “Tomorrow”, His name is “Today”.

-by Gabriel Mistral”

Petitioners who are Indians by birth and having spent their considerable time in the Indian soil and claiming to be childless are seeking for adoption of a child and in search of the said prospective child, they have taken to the legal course of adoption which has made them to land before this court for redressal of their grievance.

2. Petitioners have prayed for quashing of the decision rendered by Central Adoption and Resources Agency (for short ‘CARA’) dated 15.03.2018 – Annexure- Z whereunder petitioners have been intimated that following decision has been taken by the High Level Committee in its meeting held on 27.02.2018 on the request of petitioners to take in adoption the child Baby Shomya (female) born on 13.09.2017:

“1. Your request for relaxation to be considered as Indian parent has not been considered as you have acquired the citizenship of USA.

2. The Committee has taken a decision that your registration as NRI (In-country) parent is invalid and you have to wait for the referral as an OCI citizen.”

Petitioners are also seeking for a further direction to the respondents to consider the applications submitted by them as “In-country adoption”, since they are residing in India although they are Overseas Citizens of India and to commence the adoption process of minor child Baby Shomya referred to them in their favour.

3. Facts in brief which has led to the filing of this petition are as under:

(i) Petitioners are husband and wife of Indian origin having been born and brought up in India. First petitioner having graduated from Indian Institute of Technology, Delhi and Indian Institute of Management, Ahmedabad is working as a Senior Director in a Multi National Firm known as “Flipkart”, after having worked in several Multi national Companies at United States of America (for short ‘USA’). Second petitioner is said to be an Assistant Professor of Special Education and Behavioural Analyst working in the areas of Autism, Developmental Disabilities, Verbal Behaviour, Applied Behavioural Analysis, Behaviour Assessment, etc.. First petitioner shifted to USA in the year 2000 and second petitioner went to USA in 2004 for her Ph.d. Petitioners got married on 01.06.2006 at New Delhi. Petitioners are said to have applied for US citizenship. Since February, 2016 petitioners are said to be residing and working at Bengaluru and their extended family, relatives and friends are also said to be living in India.

(ii) During June, 2016 petitioners are said to have taken steps to adopt a child and through Central Adoption Resource Information and Guidance System (for short ‘CARINGS’) established by first respondent – CARA got registered themselves as Prospective Adoptive Parents (for short ‘PAPs’) by submitting On line Adoption Form which came to be registered with Registration No.PrKa57296874 (hereinafter referred to as first application/registration and petitioners were registered as eligible for in-country adoption on 19.07.2016 vide Annexure-A. Just before submitting the application for adoption, second petitioner had acquired the citizenship of USA (on 19.05.2016) and had declared as such in the application form as per Annexure-R2. First petitioner had indicated his nationality as an Indian as on the date of registration of the application for adoption i.e., 19.07.2016. Thus, petitioners were allowed registration for In-country adoption in terms of Regulation 21(1) of the Adoption Regulations, 2017 (for short ‘Regulation’).

4. On submission of the Adoption applic