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IN THE HIGH COURT OF DELHI
Prathiba M. Singh, J.
Rajwinder Kaur - Appellant
Versus
Central Adoption Resource Authority - Respondent
W.P.(C) 279 of 2019 and CM Appl. 40751 of 2021 with W.P.(C) 10064 of 2019 and CM Appl. 40851 of 2021 and W.P.(C) 11168 of 2020 and CM Appl. 40499 of 2021
Decided On : 22-11-2021
| Table of Content |
|---|
| 1. court orderly procedures for hearings (Para 1 , 2 , 3) |
| 2. directions for status report and mechanisms for adoption regulations (Para 4) |
| 3. implementation of 2021 regulations for inter-country adoption (Para 5 , 6) |
| 4. petitioners' issues in issuance of nocs (Para 7 , 8 , 9 , 10 , 11) |
| 5. cara's coordination and procedural steps for adoptions (Para 12 , 14) |
| 6. appointment of amicus curiae for assistance (Para 13 , 16) |
| 7. court scheduling and pending matters (Para 15 , 17 , 18 , 19) |
JUDGMENT
Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is, however, permitted only in cases where explicit permission has been taken from the Court.
2. Vide order dated 9th November, 2021, in view of the absence of a proper status report filed by CARA and non-issuance of NOCs to the Petitioners, this Court had directed the presence of Ms. Tripti Gurha, member Secretary and CEO of CARA on the next date.
3. Further to the last order, Ms. Tripti Gurha has appeared before the Court and ld. Counsel under instructions from CARA, has made submissions today. Ld. counsels for the Petitioners have also been heard.
4. Vide judgement dated 31st August, 2021, the following directions were issued:
"96. In terms of the directions issued above;
a. The Secretary, Ministry of Women and Child Development, Government of India shall file a report before this Court as to the manner and mode of creating a permanent mechanism to deal with inter-country adoptions under HAMA, both direct and indirect and place the said report before this Court within a period of two months.
b. There are several errors on the website of CARA in respect of HAMA adoptions. CARA shall carry out corrections in its website and place a report before this Court within eight weeks;
c. CARA shall also frame guidelines for the processing of NOCs for inter-country adoptions under HAMA and make available forms for this purpose on the portal. Let the draft guidelines and the timelines for activating the portal be placed on record by means of a status report within two months. Details of the special Committee constituted to deal with HAMA adoptions shall also be specified in the report;
d. A status report in respect of each of the writ petitions and the processing of grant of NOCs be also filed at least one week before the next date of hearing."
5. It is submitted by CARA's counsel that pursuant to the judgement passed by this Court, the Adoption (Amendment) Regulations, 2021 (hereinafter "2021 Regulations") have been notified w.e.f. 17th September, 2021. They have been framed specifically to lay down the procedure to be followed for adoption of children under the Hindu Adoptions and Maintenance Act, 1956 (hereinafter "HAMA") by parents who desire to give their children in adoption to adoptive parents located in a foreign country. The said Regulations apply to all inter-country adoptions under HAMA, both amongst relatives and non-relatives. Under the said 2021 Regulations, there are broadly two categories:
6. On behalf of CARA, it is further submitted that upon the 2021 Regulations coming into effect, various steps have been taken by CARA including:
(i) Appointment of an officer at the level of an Assistant Director as the Nodal Officer for dealing with HAMA-related adoptions;
(ii) Communications have been issued to all State Governments through the Principal Secretary, Ministry of Woman and Child Development, informing them of the 2021 Regulations coming into effect and seeking their cooperation in implementation of the same; and
(iii) Various webinars have been conducted by CARA to sensitize all stakeholders, since the first week of November, 2021.
7. On behalf of the Petitioners who are before this Court, it is submitted that no NOCs have been issued to any of the parti
The court emphasized the need for an efficient mechanism for inter-country adoptions under HAMA, ensuring timely issuance of NOCs by CARA and improved coordination among all involved authorities.
The judgment emphasizes the need for a systematic mechanism to facilitate inter-country adoptions under HAMA, including specific steps to streamline the process and ensure effective communication.
Inter-country adoptions under HAMA require a No Objection Certificate from CARA, and the Juvenile Justice Act does not apply to such direct adoptions, creating a need for procedural clarity.
The main legal point established in the judgment is that the adoption process for Inter-Country Adoption must comply with the Hague Convention and the Regulations for Inter-Country Adoption, and the ....
Post-2022 HAMA relative adoption by parents with foreign citizenship treated as expatriate: District Magistrate verifies under Reg 69, Authority issues NOC under Reg 70 without receiving country prio....
Adoptions finalized before the implementation of new regulations are not bound by those regulations for processing No-objection Certificates.
Point of law : Ministry of Women and Child Development has notified the Adoption (Amendment) Regulations 2021 (Regulations 2021) under the newly added chapter VIA which provides for a separate mechan....
Point of Law : Ministry of Women and Child Development has notified the Adoption (Amendment) Regulations 2021 (Regulations 2021) under the newly added chapter VIA which provides for a separate mechan....
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