1. These revisions have been filed under section 102 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (hereinafter referred to as ‘JJ Act’) challenging the orders dated 21.12.2016 and 19.12.2016 passed by the Principal Judge, Family Court, Chhindwara returning the application filed by the Child Care Institution (for brevity ‘’CCI’’) and Special Adoption Agency (for brevity ‘’SAA’’) for not passing any order for adoption. The said applications were rejected by the orders impugned, however, these revision have been preferred.

2. During the course of the hearing, it was argued that not only the functioning of the Court, to exercise the jurisdiction in adoption case by the Court concerned is required to be explained which may ensure early disposal of the adoption cases, but simultaneously, the functioning of the Child Welfare Committee (for brevity ‘’CWC’’), State Adoption Resource Agency (for brevity ‘’SARA’’), Special Adoption Agency–Child Care Institution (for brevity ‘’SAA-CCI’’) linkage as referred in the letter of the Ministry of Women and Child Development, Government of India dated 29.9.2017 (for brevity ‘’MW and CD’’) are also the issues of consideration.

3. Various complaints are made to the Juvenile Justice Committee of the High Court of M.P, Jabalpur by CCIs and SAAs alleging that despite the children entered on the Child Adoption Resource Information and Guidance System (for brevity ‘’CARINGS’’) after declaring them legally free from the CWC, their referrals are awaited from the month back and not made on due time by the Central Adoption Resource Authority (for brevity ‘’CARA’’), therefore, best interest of the child is going to be affected in the matter of adoption within the State. In this context, the cognizance is taken on one of the complaint by the JJC and the reply was sought from the CARA.

4. This Court has also gone through the letter dated 29.9.2017 written by the Hon’ble Central Minister, Women and Child Development, Government of India by which Hon’ble the Chief Minister of the State of Madhya Pradesh was requested to take steps for constitution of the governing body of SARA, the constitution and the responsibility of CWC, the role of DM/DCPU in adoption, the role of SAA-CCI and its linkage, the placement of cradle, the pendency of adoption cases in Courts.

5. On notice, Shri Girish Kekre, learned Government Advocate representing the State Government contends that the State of Madhya Pradesh acknowledges the concern of the Central Minister of the MW and CD but considering the fact that the various stakeholders are involved and the CARA is a regulatory authority under the J.J.Act in the matter of adoption, therefore, it is a case wherein this Court may take cognizance of all these facts and in the best interest of the children of the State of Madhya Pradesh and the power under Article 226 of the Constitution of India may be exercised and appropriate directions may be issued in these matters.

6. Considering the aforesaid, this Court has taken cognizance of all these facts and on certain issues, the notices were issued to the MW&CD and CARA through Court. The relevant part of the order dated 10.1.2018 is reproduced as under :

‘’During the course of the hearing, it was argued with vehemence that not only the functioning of the Court is required to be clarified in the matter of jurisdiction but in the matter of adoption, the Department of Women and Child Development of Government of Madhya Pradesh, the Ministry of Women and Child Development Department of Government of India, New Delhi may be noticed that the Central Adoption Resource Authority is not properly registering the children of the State of Madhya Pradesh and creating hurdle by not showing the children on website due to which adoption is delayed or not possible in the year.

Considering the aforesaid, on the request made by learned counsel for the petitioner, the State Government through Women and Child Development Department