'CARA Extremely Callous In Complying With Court's Directions, Unnecessarily Harassing Adoptive Parents': Delhi HC Summons CEO, Member Secretary

The Delhi High Court has observed that the Central Adoption Resource Authority (CARA) has been extremely callous in its approach towards compliance of a judicial order, requiring the authority to frame guidelines for inter-country adoptions under Hindu Adoptions & Maintenance Act (HAMA).

It further noted that the authority had been unnecessarily harassing the Petitioners, who are adoptive parents and young minor children, by prolonging the process of grant of NOC for adoption.

Justice Pratibha M Singh thus ordered personal appearance of Member Secretary and CEO of CARA on November 22, the next date of hearing.

The development came while the Court was dealing with three cases relating to international adoption of Indian children. 

In all three cases, the children, as also their biological parents were in India but the adoptive parents have settled abroad. The adoptions were carried out under the provisions of HAMA. However, certain challenges were faced in movement of the children abroad, including in obtaining passports and visas. The adoptive parents were required to obtain a NOC from CARA.

Vide order dated August 31, the Court had directed CARA along with Ministry of Women and Child Development to frame guidelines for the processing of NOCs for inter-country adoptions under HAMA and make available forms for this purpose on its portal.

Pursuant thereof, Adoption (Amendment) Regulations, 2021 amending the Adoption Regulations, 2017 were issued by the Ministry on 17th September, 2021. However, the said Regulations were not placed on Court's record.

Moreover, the counsel representing petitioners apprised the Court that even though the certificate of the DM was obtained being a requirement under new Regulations, CARA was refusing to accept the same, on the ground that the DM himself had not communicated the said certificate to CARA.

"These matters are listed for compliance today. However, it is noticed that the Respondent/Central Adoption Resource Authority (hereinafter "CARA") has been extremely callous in its approach towards the compliance with the directions issued by this Court on 31st August, 2021. The Regulations stated to have been published by the Ministry, have not been placed on record," the Court said.

The Court also took note of the fact that the CARA was insisting on strict compliance with the new Regulations on 15th September, 2021, even though the Regulations came into effect only on 17th September, 2021.

"…However, there is no status report filed on record and only oral submissions are being made without placing any facts or documents as to what is the non-compliance. It is thus not clear as to why the process of grant of NOC could not be expedited. The Petitioners are obviously in a hurry to obtain the NOC, which seems to be delayed despite directions being passed by this Court," the Court added.

The Court also opined that the authority was unnecessarily harassing the petitioners who were adoptive parents and young minor children.

Thus, while directing the personal appearance of officials, the Court added:

"In the meantime, if there are any further documents which are required or procedures to be complied with, CARA shall inform the Petitioners and process the grant of NOC in an expedited manner."

Background

In order to ensure the welfare of children in inter country adoptions and in view of CARA's experience in such matters, the Court had directed CARA to act as the enabling body for inter-country adoptions under HAMA.

Since there existed no procedure for the same, a shortened procedure that existed in respect of adoptions which were effected prior to the coming into force of the JJ Act, 2015 could be followed for issuance of an NOC in case of inter country adoptions which are already recognized under HAMA, the Court had said.

It was further opined that whenever any inter-country adoption takes place under HAMA and a NOC was required for any purpose, including for issuance of a passport or VISA, upon an application being filed before CARA, a special Committee would be appointed to verify the particulars. Details of the special Committee constituted to deal with HAMA adoptions was also directed to be specified in the report.

In view of the prevalent regime under the Hague Convention, though HAMA adoptions are not governed by the JJ Act, 2015, the Court had held that there was a clear need to create a mechanism to enable inter-country adoptions under HAMA.

Accordingly, the Court had directed CARA to verify the documents submitted by the present petitioners and grant the same within a period of one month. 

Case Title: RAJWINDER KAUR & ANR v. CENTRAL ADOPTION RESOURCE AUTHORITY

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