In a recent decision, the Bombay High Court ruled in favor of three couples seeking custody of infants who were allegedly sold to them without proper authorization. The court deemed the orders passed by the Child Welfare Committee (CWC) as illegal and stated that the children did not fall under the category of 'children in need of care and protection'. The court also emphasized the need to follow proper adoption protocols and procedures set by the Central Adoption Resource Authority (CARA). The decision has provided hope for the petitioner couples who have been emotionally attached to the infants in question.
Bombay High Court Upholds Custody of Infants Sold Without Authorization
Background:
The issue of illegal adoption and sale of infants has been a persistent problem in India. In many cases, infants are sold or relinquished to couples without following proper adoption protocols and procedures. This practice is not only illegal but also deprives the infants of their fundamental rights and exposes them to potential exploitation.
Recent High Court Ruling:
In a landmark decision, the Bombay High Court has ruled in favor of three couples who sought custody of infants who were allegedly sold to them without authorization. The court found that the orders passed by the Child Welfare Committee (CWC) deeming the infants as "children in need of care and protection" were illegal. The court emphasized the importance of following proper adoption protocols and procedures set by the Central Adoption Resource Authority (CARA).
Significance of the Ruling:
The decision has significant implications for infant adoption and child welfare in India. It clarifies that the CWC cannot arbitrarily declare infants as "children in need of care and protection" and override the rights of biological parents. It also highlights the need for robust adoption processes and regulations to prevent illegal adoption and protect the rights of both infants and birth parents.
FAQs:
1. What is CARA?
CARA stands for the Central Adoption Resource Authority. It is the nodal agency for adoption in India and is responsible for regulating adoption procedures and ensuring the welfare of adopted children.
2. What are the legal requirements for adoption in India?
Adoption in India is governed by the Juvenile Justice (Care and Protection of Children) Act, 2015, and the CARA Adoption Regulations, 2017. Prospective adoptive parents must meet certain eligibility criteria, obtain clearance from the CWC, and go through a mandatory home study assessment.
3. What are the consequences of illegal adoption?
Illegal adoption is a serious offense punishable by law. It can result in imprisonment, fines, and the nullification of the adoption. Infants who are illegally adopted may also suffer from emotional and psychological trauma.
4. What can be done to prevent illegal adoption?
To prevent illegal adoption, it is crucial to:
5. What are the challenges faced by adopted children?
Adopted children may face various challenges, including:
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