"Why Is CARA Delaying Adoption Process?" Supreme Court Calls For Prompt Action To Benefit Waiting Children & Couples

The Supreme Court on Friday (13.10.2023), raised serious concerns over the delays in the adoption process and the potential impact on both aspiring parents and children in need of loving homes. The remarks came from a bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra during the hearing of a Public Interest Litigation (PIL) seeking the simplification of adoption procedures in the country, filed by "The Temple of Healing," a charitable trust.

Additional Solicitor General (ASG) Aishwarya Bhati requested additional time to file a response to the PIL, which prompted Chief Justice of India DY Chandrachud to express his apprehension. He raised questions about the delays in the adoption process, highlighting that it has virtually come to a standstill, leaving couples waiting for years.

"They are saying that the process of adoption has virtually come to a standstill. No adoptions are being allowed. Couples are being made to wait three years, four years. What happens with the delay of the government, CARA particularly– suppose a couple decides to adopt at 26, by the time they get the adoption through, they are 30, 31. People's core position in life changes," the CJI stated.

The CJI further emphasized on the effects of bureaucratic delays on individuals and families. He asserted–

"Suppose someone wants to adopt at 35, they get delayed and now they are 39, 40, they may feel that it is too late to adopt. Parental position changes. We understand that possibly there is an element of misuse that you are apprehending but why are you stalling adoptions? There are hundreds and thousands of children waiting for adoption."

ASG Bhati responded by highlighting that there had been issues in identifying children available for adoption, suggesting that the court may want to provide for two more weeks.

Dr. Piyush Saxena (petitioner-in-person) appeared for the Temple of Healing. He highlighted that as per Section 56(3) of the Juvenile Justice (JJ) Act, the JJ Act did not apply to adoptions carried out under the Hindu Adoption and Maintenance Act (HAMA), 1956. He argued that on the ground level, children were not being adopted as the officers in-charge of adoption for juveniles were being "doubly cautious". 

"The figure of 4000 adoptions against a figure of 3.1 crore children waiting to be adopted – these are not my figures, these are the figures of Parliamentary committee of the Rajya Sabha," he said.

Reiterating his submission, Saxena stated–

"Adoptions under the Hindu adoption act should be continued without any prejudice. The officials are guided in a different way. Even the public perception is that the adoptions can only happen through CARA. The law is clear that JJ act is not applicable to HAMA."

At this juncture, ASG Bhati stated that adoptions under the HAMA were also to be carried out as per CARA guidelines.

CJI asked–

"Ms Bhati, you tell us how many children are being adopted..."

The bench then stated that it will go through the written submissions in a greater detail. Eventually, the bench told the ASG that she had to "sit with CARA" and explain the consequences of the delay.

The matter will now be taken up on next Friday.

Case Title: The Temple of Healing v. Union of India| WP(C) 1003/2021