R.M.BORDE, RAVINDRA V.GHUGE
Snehalaya’s Snehankur Adoption Centre, through its Authorized Signatory Ajay Ananda Wabale – Appellant
Versus
Child Welfare Committee – Respondent
Certainly. Based on the provided legal document, here are the key points:
The primary focus of the case is the procedure for declaring children born out of sexual violence, particularly to minor unwed mothers, as free for adoption by the Child Welfare Committee (CWC) (!) (!) .
Police involvement is not required or relevant in the process of declaring children as free for adoption. The police are concerned solely with investigating the crime of sexual violence, not with the child's declaration for adoption purposes (!) (!) .
Children born to minor unwed mothers due to sexual violence cannot be treated as property involved in the crime, and the process of declaring them free for adoption is separate from criminal proceedings (!) .
The procedure adopted by the Child Welfare Committee in these cases—calling for police reports and Court No Objection Certificates—was found to be improper and not in accordance with the law or the rules governing adoption (!) (!) .
The relevant provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, and the Maharashtra Juvenile Justice Rules, 2002, establish that the declaration of a child as free for adoption must be done within specified timelines and through a process that includes enquiry, notification, and certification by the Committee, without unnecessary delays or extraneous procedures (!) (!) (!) (!) .
For surrendered children, the process involves a surrender deed, a reconsideration period of sixty days, and a declaration by the Child Welfare Committee that the child is legally free for adoption, following proper investigation and compliance with guidelines (!) (!) (!) (!) (!) .
The Committee's role is limited to issuing a declaration that the child is free for adoption, after which the Court is responsible for passing the order of adoption, considering relevant guidelines and conditions (!) .
The Court emphasized that the process for declaring children free for adoption must be expedited, and the orders passed by the concerned Committee should be clear, lawful, and in accordance with the rules. The orders dated 08.07.2013 were quashed for procedural flaws (!) (!) .
The Court directed the Child Welfare Committee to process the applications for declaration of children as free for adoption quickly, preferably before a specific date, and to adhere strictly to the prescribed procedures (!) .
The Court also directed the Registrar (Judicial) to circulate this judgment to all Child Welfare Committees and Juvenile Justice Boards in the state to ensure uniform compliance with the procedures (!) .
The intervention by the Court was deemed necessary to ensure that the rights of the children, including their right to life, rehabilitation, and family life, are protected in accordance with constitutional principles (!) .
The Court reaffirmed that the process of declaring children free for adoption is separate from criminal proceedings and should not be delayed or complicated by issues related to the criminal trial of sexual violence (!) (!) .
Overall, the judgment underscores the importance of a child-friendly, sensitive, and lawful process for adoption, especially for children born out of sensitive circumstances such as sexual violence, emphasizing adherence to the relevant laws and guidelines (!) (!) .
Would you like a summary or specific legal advice based on these points?
Oral Judgment:
R.M. Borde, J.
“And whereas we believe that by respecting the child, society is respecting itself.
Now, therefore, in accordance with our pledge in the National Agenda of Governance, the following National Charter for Children, 2003 is announced.”
1. The Government of India, while adopting National Charter for Children, reiterated its commitment to the cause of the children in order to see that no child remains hungry, illiterate or sick.
2. Clause (c) of Section 17 of the National Charter for Children, 2003, provides that the State shall undertake measures to ensure that children without families are either placed for adoption, preferably intracountry adoption, or foster care or any other family substitute services.
Clause (d) of Section 17 reads thus:
The State shall ensure that appropriate rules with respect to the implementation of such services are drafted in a manner that are in the best interest of the child and that regulatory bodies are set up to ensure the strict enforcement of these rules.
Section 22 provides for Ensuring child friendly procedures, which reads thus:
22 Ensuring child friendly procedures: All matters and procedures relating to child
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