Illegal Adoption Children Orphaned Due To Coronavirus

Supreme Court On Illegal Adoption of Children Orphaned Due To Coronavirus

On 7th June 2021, in the case of In Re Contagion of COVID Virus In Children Protection Homes, The Supreme Court has expressed their concerns to States and Union Territories regarding the illegal practices of adopting children who have become orphans due to COVID 19. The SC has directed them to act against some of the NGOs that are indulged in such malpractices in one go or another as these are in contrary to the provisions of the JJ Act of 2015. According to this act, inviting people to adopt orphans is against the law and adoption of a child cannot be permitted without the permission and involvement of CARA. The court ordered that strict and stringent action shall be taken by the State and Union Territories governments against those who are a part of these illegal practices.

It was brought to the court notice that there has been various social advertisement on the social media platforms that is inviting people to come over and adopt orphan children. Apparently many of these sources are fake and even though if they are genuine they are not permissible under the provisions of Central Adoption Resource Authority (CARA). In this regard the Supreme Court of India noted that 30,071 children have become orphans or abandoned due to COVID19 as per data collected by NCPCR till June 6.

In the judgement the Court discussed Section 108 of the JJ Act of 2015, which gives the Central, State and Union Territory governments are authorised to make sure that the provisions and rights of the said act are spread widely to the  through the means of television, news, radio and other forms of media to make the needy Aware. Noting that even now there is a wide majority of the population that is not aware of the provisions and welfare schemes of the Juvenile Justice Act 2015 the Court directed the Union and State Governments to give wide publicity to the same.

– Animesh Raizada, Intern

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