SUPREME COURT
K. G. Balakrishnan, P. Venkatarama Reddi, JJ.
St. Theresa's Tender Loving Care Home and Others v. Parchuri Jamuna and Others
SLP
1 Permission to file SLP allowed.
2 Leave granted in all the matters.
3 The order dated 8-8-2002 passed by the Division Bench of the High Court of Andhra Pradesh is challenged before us in these appeals. We have heard the learned counsel for the appellants, learned counsel for Respondents 1 and 2 and learned counsel for CARA as also counsel for the State of Andhra Pradesh. The matter relates to the adoption of children who are either abandoned or relinquished by their biological parents. Pursuant to this Court's decision in Lakshmi Kant Pandey v. Union of India and subsequent decisions on related subjects, the Government of India issued detailed guidelines and procedures in the matter of adoption of children. To control and supervise the adoption of children, there exists a regulatory agency, known as the Central Adoption Resource Agency (CARA). CARA gives no - objection certificates to various voluntary organizations who are licensed by it to process the adoption of abandoned / relinquished children. There is also a Voluntary Coordinating Agency (VCA) in each State. In the State of Andhra Pradesh, it seems that VCA is working under the Department of Women Development and Child Welfare. Indian parents, who intend to adopt children can register themselves with various voluntary organizations licensed by CARA, as also with VCA.
4 The first respondent herein is said to be a social activist and the second respondent is an Assistant Professor in a university. It appears that Respondents 1 and 2 alleged that there were certain irregularities in the matter of adoption of children and that the various voluntary organizations, who are acting as placement agencies have violated certain procedures prescribed by the Government. The main allegation against these organizations is that no bona fide attempt is being made to ensure that the children are adopted by Indian parents and that these organizations were usually interested in ensuring that the children are adopted by foreign parents. As per the guidelines and the decision of this Court in L. K. Pandey case preference has to be given to Indian parents for adoption. It is also alleged by these respondents that these voluntary organizations concocted certain documents to make it appear that there are no Indian parents who are willing to adopt these children. Against the final orders passed by the Family Court in the matter of adoption, the said respondents have filed appeals before the High Court with an application to grant leave and in some matters they alleged that some of the voluntary organizations did not even possess any valid licence. Various other objections have also been raised in the appeals preferred by these respondents before the High Court. The appellants herein have also filed some appeals before the High Court in cases where the Family Court declined permission for inter - country adoption and when all these appeals came up for consideration, the following order was passed by the High Court in each case pending further hearing of the cases. The relevant operative portion of the same reads as follows:
"The Director, Women Development and Child Welfare, shall send registered notices to all the parents who intend to take the abandoned or relinquished female children wherever they are, including the Tender Loving Care Centre, and find out whether they are willing to adopt any of the children, including the children for whom CARA has given the NOC for inter - country adoption. The above process has to be completed by 19-8-2002."
5 The counsel for the appellants submitted that this order was passed in an appeal preferred against the order of the Family Court, Hyderabad, in OP No. 908 of 2001 and that the appellant in the civil appeal arising from SLP (C) No. 16316 of 2002 was not a party in the said OP No. 908 of 2001. It is further submitted that as a general order has been passed by the High Court, the appellants are not able to proceed with the adoption process even in cases w
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