From September 1, 2022, District Magistrates (DM) have been empowered to give adoption orders instead of courts. All cases pending before courts have to be now transferred.
- According to a recent report published in The Hindu, hundreds of adoptive parents in the country are now concerned that the transfer process will further delay what is already a long and tedious process.
Key points
- The Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 in July 2021 in order to amend the Juvenile Justice Act (JJ Act), 2015.
- The key changes include authorising District Magistrates and Additional District Magistrates to issue adoption orders instead of court under Section 61 of the JJ Act.
- This was done in order to ensure speedy disposal of cases and enhance accountability.
- The District Magistrates have also been empowered under the Act to inspect child care institutions as well as evaluate the functioning of district child protection units, child welfare committees, juvenile justice boards, specialised juvenile police units, child care institutions etc.
- The JJ Act and the corresponding rules came into effect from September 1.
Adoption rules in India
- Adoptions in India are governed by two laws — the Hindu Adoption and Maintenance Act, 1956 (HAMA) and the Juvenile Justice Act, 2015.
- HAMA, 1956 falls in the domain of Ministry of Law and Justice whereas the JJ Act, 2015 pertains to Women and Child Development.
- As per the government rules, Hindus, Buddhists, Jains, and Sikhs are legalized to adopt kids.
- Both laws have their separate eligibility criteria for adoptive parents.
- Those applying under the JJ Act have to register on Central Adoption Resource Authority (CARA) portal after which a specialised adoption agency carries out a home study report. After it finds the candidate eligible for adoption, a child declared legally free for adoption is referred to the applicant.
- Under HAMA, a “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights. But there are no rules for monitoring adoptions and verifying sourcing of children and determining whether parents are fit to adopt.
- The JJ Act handles issues of children in conflict with law as well as those who are in need of care and protection and only has a small chapter on adoptions.
About Central Adoption Resource Authority (CARA)
- Central Adoption Resource Authority (CARA) is a statutory body of the Ministry of Women & Child Development, Government of India.
- It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
- CARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
- CARA primarily deals with adoption of orphan, abandoned and surrendered children through its associated /recognised adoption agencies.
(Sources: The Hindu and CARA)
