Legally Free Certificates For Adoption Issued By CWCs Prior To Dissolution In August 2022 Valid In View Of Status Quo Order: Jammu & Kashmir High Court

The Jammu and Kashmir and Ladakh High Court on Monday held that Legally Free Certificates for adoption issued by the Child Welfare Committee (CWC) in Srinagar before dissolution in August 2022, are legally valid in view of status quo order passed by a single Judge.

Due to the interim direction, the dissolved CWCs are in position and exercise all the powers conferred upon CWCs under the Juvenile Justice Act, 2015 and the rules framed there under, a bench comprising Justices Sanjeev Kumar and Puneet Gupta noted.

It thus observed,

"It is clarified that Legally Free Certificate of the babies issued by CWS, Srinagar dissolved on 24.08.2022, are legally valid having been issued by the CWC, Srinagar, which is continuing pursuant to the interim directions passed by learned Single Judge dated 06.09.2022 in WP(C) no. 1748/2022".

In its order on Sep 6th 2022 the Single bench of the High Court had directed status quo with respect to the Chairpersons/Members of CWCs and members of Juvenile Justice Boards, till the issues are finally resolved.

The instant application was filed by Dhyanesh Bhatt and Vaibhavi Kulkarni in a Suo Motu PIL seeking clarification with regard to the Legally Free Certificates that had been issued in their favour.

The Juvenile Justice Act, 2015, provides for the establishment of CWCs and JJBs for the protection and rehabilitation of children in need of care and protection. The Act also sets out the procedure for the adoption of children, including the requirement for a Legally Free Certificate.

The applicants submitted that they had registered with the Child Adoption Resource Authority and the authority had given them the option to adopt a child of any gender from anywhere in India. Subsequently, they had completed all the necessary formalities and had been granted a Legally Free Certificate by the CWC Srinagar earlier this year.

The applicants however submitted that the office of Phulwari (Cradle Baby reception Centre) SAA, Srinagar, withdrew the babies from them on the grounds that the CWC was not validly constituted as having been dissolved on August 28th 2022 and therefore, all orders made by CWC after that date were not valid.

Constrained by this action on part Phulwari Srinagar Centre the applicants approached the High Court seeking clarification on whether the Legally Free Certificates issued by the dissolved CWCs were legally valid.

Clarifying the controversy with regard to the subject the bench observed that the CWCs and JJBs that were dissolved in August 2022 were still able to exercise the powers conferred upon them under the Juvenile Justice Act, 2015 in view of the status quo order. The court recorded,

"The JJBs and CWCs which were dissolved on August 28, 2022, are in position in terms of the order of the status quo passed by the learned Single Judge and therefore, exercise all the powers conferred upon CWCs under the Juvenile Justice Act, 2015 and the rules framed there under."

Thus, it said Legally Free Certificate cannot be said to be invalid. However, the court made it clear that it was not expressing any opinion on the merits of any other matter in connection with the adoption of the babies by the applicants.

Case Title: Court on its own Motion Vs State of J&K & Ors.

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