Juvenile Justice Act: Governing Adoption in India

The Bombay High Court has criticized the Bhusawal District Court for denying a single working woman’s plea to adopt her sister’s child. The district court’s comparison of the biological mother being a housewife and the potential adoptive mother being a working woman, according to Justice Gauri Godse, was described as reflecting a “mediaeval conservative concept of a family.”

The Juvenile Justice (Care and Protection of Children) Act, which recognises single parents as eligible for adoption, was challenged by the High Court, which rejected the district court’s decision.

The Juvenile Justice (Care and Protection of Children) Act allows relatives to adopt a child in-country, with the consent of the biological parents or permission of the child welfare committee and the child’s consent if he or she is at least five years old. The Act calls for ensuring the welfare of children in adoption, and thus, they are cleared by courts under Section 61 of the Act.

The adoptive parent, in this case, was the aunt, and the child’s biological parents had come to the High Court with a petition to challenge the district judge’s order, which rejected their plea for adoption. The district court had cited Section 57 of the Juvenile Justice Act, which provides the eligibility criteria for prospective parents. In accordance with Section 57(1), “prospective adoptive parents shall be physically fit, financially sound, mentally alert, and highly motivated to adopt a child in order to provide a good upbringing.”

However, the High Court noted that the reason given by the district court was not only contrary to the provisions of the Act, but it was also unfounded and baseless. The competent court’s reason was contrary to the recommendation made by the district child welfare officer and the assistant director of the Central Adoption Resource Authority (CARA).

The denial of the adoption plea reflects a larger issue in India’s adoption laws and processes. Adoption in India is governed by the Juvenile Justice Act, which lays down the procedures and guidelines for adoption. However, the implementation of the Act has been fraught with challenges, leading to delays and bureaucratic hurdles in the adoption process.

India has a high number of children in need of adoption, including orphans, abandoned children, and children whose parents are unable to care for them. The adoption process in India is governed by the CARA, a statutory body under the Ministry of Women and Child Development. CARA is responsible for regulating adoption agencies, maintaining a database of adoptable children, and ensuring compliance with the provisions of the Juvenile Justice Act.

However, the adoption process in India is often lengthy and cumbersome, with multiple layers of bureaucracy and paperwork. Prospective parents have to go through a stringent screening process, including home visits, background checks, and interviews. The process can take up to two years or more, causing frustration and discouragement for many families.

The adoption process is also marred by corruption and malpractices, with some adoption agencies charging exorbitant fees and engaging in illegal practices. The lack of transparency in the adoption process has led to concerns about the welfare of children and the legitimacy of the adoption process.

The challenges in the adoption process are particularly acute for single parents, who face societal stigma and discrimination. India’s adoption laws recognize single parents as eligible for adoption, but societal attitudes towards single parenthood remain conservative and judgmental.

The denial of the adoption plea in this case reflects the biases and prejudices against single parenthood, particularly for women. The district court’s reasoning that a single working woman cannot provide a good upbringing for a child is based on archaic and sexist notions of motherhood and family.