Directions for State Government and Union Territories to Stop Adoption of Children Contrary to Law and to Ban Unlawful Advertisements Relating to it
08 Jun 2021 04:59 pm
Justices: L Nageswara Rao and Aniruddha Bose
While issuing directions to the State Government and Union Territories, it has been held by the Hon’ble Supreme Court- No adoption of affected children should be permitted contrary to the provisions of the JJ Act, 2015. Invitation to persons for adoption of orphans is contrary to law as no adoption of a child can be permitted without the involvement of CARA (Central Adoption Resource Authority). Stringent action shall be taken by the State Government/ Union Territories against agencies/ individuals who are responsible for indulging in this illegal activity.
The State Government/ Union Territories are directed to prevent any NGO from collecting funds in the names of the affected children by disclosing their identity and inviting interested persons to adopt them.
It has been observed by the Hon’ble Court that we share the Concern of the learned Additional Solicitor General and Ms Shobha Gupta about the illegal adoption of affected children.
While giving directions regarding the publicity of the Juvenile Justice Act and Welfare Schemes, the Hon’ble Court has stated that Section 108 of the JJ Act, 2015 provides that the Central Government and the State Government/ Union Territories should take measures to ensure that the provisions of the JJ Act, 2015 are given wide publicity through media at regular intervals so as to make the general public, children and their parents or guardians aware of such provisions. It is true that the majority of the populace are not aware of their rights and entitlement to several benefits that are announced by the Governments.
The State Governments/ Union Territories are directed to give wide publicity not only to the provisions of the JJ Act, 2015 but also to the several schemes that have been announced by the Central Government and the State Governments/ Union Territories benefitting the Children who have become orphans and children in need of care and protection.
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