Cumbersome adoption process in India, preventing people from adopting: Supreme Court tells center
The Supreme Court on Friday adjourned the hearing of the petition seeking a simplification of the adoption process in India. Additional Attorney General, Mr. KM Nataraj briefed a Panel composed Judges DY Chandrachud and JB Pardiwala that he had not received the petition. The Chamber asked the applicant himself to provide it with a copy.
As a preliminary objection, Mr. Nataraj indicated that the motion in brief may not succeed because it is filed by a company. The Court noted that the adoption process in India is indeed cumbersome and tedious and needs to be addressed. Stating that this is a real PIL, the panel asked the ASG not to treat it as a contradictory dispute. The Chamber also observed orally that the petitioner himself established his in good faithat the last hearing date.
“We posted a notice because the adoption process is so cumbersome and tedious that it prevents people from adopting… This is a real PIL. Don’t treat it like adversarial litigation,” Judge Chandrachud said orally.
The PIL was filed by a charitable trust, “The Temple of Healing” through its secretary, Dr. Piyush Saxena (applicant in person).
On the previous occasion, when the notice was published, Dr. Piyush Saxena had informed the Apex Court that he had filed an application for leniency in adoption standards with the Ministry of Women and Human Development. ‘child, which was not acted upon. He said –
“4000 children are adopted in our country each year, but there are 3 million orphans in our country and there are also infertile couples who are desperate to have a child. The parents are not educated enough, so the regime should be introduced on the basis of the income tax scheme which was issued 16 years ago.
The petitioner had suggested that the Child Adoption Resource Information and Referral System could appoint a few “Adoption Preparers” trained on the model of the 2006 Income Tax Preparer Program They can help prospective parents with the heavy paperwork required for adoption.
Dr Saxena had pointed out that adoption governed by the Hindu Adoption and Maintenance Act 1956 was administered by the Ministry of Law and Justice, while adoption of orphans was under the Ministry of Development of woman and child.
Case title: The Temple of Healing c. Union of India | GT(C) 1003/2021