'3 Crore Orphans But Only 4000 Adoptions Annually' : Plea In Supreme Court To Simplify Adoption Process

The Supreme Court on Monday issued notice in a petition seeking simplification in the process of adoption in India.

The matter was listed before the bench of Justices DY Chandrachud and Surya Kant. The PIL was filed by a charitable trust "The Temple of Healing" through its secretary Dr. Piyush Saxena.

When the matter was called for hearing, Dr Piyush Saxena, appearing as petitioner- in- person, submitted before the Top Court that he had submitted an application seeking leniency in adoption norms to the Ministry of Women and Child Development which has not been acted upon.

"4000 children are adopted in our country every year but there are 3 crores orphans in our country and there are infertile couples too who are desperate to get a child. Parents are not educated enough therefore the scheme should be introduced based on the Income Tax Scheme which was issued 16 years back. The Ministry had issued notification wherein they have given some leniency to the prospective parents",he submitted.  The petitioner suggested that Child Adoption Resource Information and Guidance system may appoint a few trained "Adoption Preparers" on the lines of the Income Tax Preparer scheme of 2006. They can help prospective parents complete the cumbersome paperwork required for adoption.  

 It was also Dr Saxena's contention that there was an anomaly since adoption which was governed by the Hindu Adoption and Maintenance Act, 1956 was administered by the Ministry of Law and Justice whereas the aspect of orphans was dealt with by the Ministry of Women and Child Development.

"The Ministry of Women and Child Development asked me for a detailed written submission which I gave them in March and no action has been taken. They don't want to take any action on my representation since they are busy and they say they don't want children going into the wrong hands," he further added.

On Dr Saxena's contention, the bench while expressing its intention to issue notice in the petition said, "This is a genuine petition and we'll issue a notice."

During the course of hearing, Justice DY Chandrachud, shared a memory of a case he dealt as a judge of the Bombay High Court.

"I was an adoption judge at the Bombay High Court for long.  One case which I'll tell you about was inter country adoption. Child was given for inter country adoption and the child changed times from parent to parent but he couldn't settle down with any parent. Child turned major and none applied for citizenship. He got into some drug case and they found that since he was an Indian citizen, he had no language. Some of the missionaries found the person at the airport and there are inter-country adoptions. There are situations of abuse you're right but we have to tighten up those areas where there is no abuse. There are a large number of orphans," the judge said.

"Media wants TRP, that's why they highlight the cases of abuse," replied Dr Saxena.

He further apprised the bench about a case wherein a criminal case was registered against a person who had agreed to adopt his brother's fourth child by giving money for the child's delivery.

"Everything has risks and benefits.  A poor man had 3 kids and while his wife was pregnant with the 4th kid, the husband asked his brother to adopt a child by paying for her delivery. CWC recorded the entire matter and then recorded a criminal case against the brother. Was any wrong done by the brother?" submitted the petitioner.

"Alright, you've made your point and we've issued notice", remarked Justice Chandrachud.

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

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