V.M.KANADE, S.C.GUPTE
Varsha Sanjay Shinde – Appellant
Versus
Society of Friends of the Sassoon Hospitals – Respondent
Certainly. Based on the provided legal document, here are the key points summarized:
The case involves a dispute over the adoption process, specifically concerning the adoption of a child named Isha, and whether the process adhered to the guidelines issued in 2011, including the roles of CARA, SARA, and ARC (!) (!) .
The court emphasized that the primary authority in inter-country adoption is CARA, which must supervise and regulate the process, with SARA and ARC functioning as subordinate agencies responsible for expediting and ensuring compliance with procedural guidelines (!) (!) .
The Guidelines of 2011, framed under the relevant law, set out the principles and procedures for adoption, including the importance of prioritizing in-country adoption (80%) over inter-country adoption (20%), and giving preference to Indian parents before considering foreign couples (!) (!) .
The process requires that the Home Study Report be completed within two months, and Recommendation Certificates be issued within specific time frames—15 days for regular cases and 5 days for special needs children—by ARC or SARA (!) (!) .
The court observed that SARA and ARC had acted beyond their jurisdiction by causing delays, improperly directing the show of children to Indian and foreign parents, and not adhering to the prescribed time frames, which hindered the smooth functioning of the adoption process (!) (!) .
The role of CARA as the central nodal agency is to oversee and facilitate inter-country adoptions, including issuing No Objection Certificates, and to ensure that agencies follow the statutory guidelines and procedures (!) (!) .
The court found that the procedures for showing children to prospective adoptive parents (PAPs), including the requirement to show the child to multiple Indian parents before considering foreign adoption, were not properly followed, leading to unnecessary delays and conflicts (!) (!) .
Allegations of financial motives influencing the preference for foreign adoption over Indian adoption were considered unfounded, as the procedure and fees prescribed in the guidelines were scrupulously followed, and there was no evidence of malafide intent (!) (!) .
The court directed ARC to issue the Recommendation Letter within two weeks, and CARA to complete the formalities of adoption within six weeks for the current case, while also ensuring that the Petitioners are shown another child within the same period (!) (!) .
The court highlighted the necessity for agencies to coordinate properly, follow the statutory guidelines strictly, and avoid arbitrary actions that cause delays, emphasizing that the welfare of the child is paramount (!) (!) .
Additional guidelines were laid down to ensure that the process remains transparent, timely, and in accordance with the statutory framework, including the proper execution of the priority list and adherence to prescribed timelines for recommendation and approval (!) (!) .
The case was ultimately disposed of with directions to ensure compliance with the guidelines, and the Petitioners were to be given an opportunity to be shown another child if they were not granted custody of Isha, with ongoing monitoring to prevent future delays (!) (!) .
Please let me know if you need a detailed analysis or specific legal advice regarding this case.
P.C.:-(V.M. Kanade, J.)
1. Grievance of the Petitioners is that Respondent No.1 has shown their inability to give the child – Isha in adoption to them on the ground that intervenors who have filed Civil Application No.2481 of 2013 viz Mrs. Rachel Mathew and her husband Mr. Raj Narayan Mysore who are Overseas Indians residing in USA, have already approved the child, before the child was shown to the Petitioners. Petitioners, therefore, are seeking an appropriate writ, order and direction, directing Respondent No.1 and other Respondents to give the said baby girl Isha in adoption to the Petitioners.
2. Petitioners have challenged the decision of Respondent No.1 of giving the baby girl Isha in adoption to the Intervenors on the ground that the said decision is contrary to the guidelines which have been laid down by the Ministry of Women and Child Development in a Notification issued on 24/6/2011 which laid down the guidelines covering the adoption of children pursuant to powers given by sub-section (3) of section 41 of the Juvenile Justice (Care & Protection of Children) Act, 2000 (hereinafter referred to as “the said Act”).
3. Petitioners got married on 17/4/2001 and, unfo
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