The Union government has provided a sobering update to the Supreme Court, revealing that a staggering 18,807 orphaned, abandoned, and surrendered children are currently awaiting adoption in child care institutions (CCIs) across India. Shockingly, nearly 8,800 of these children have had no visitation from their parents, underscoring the dire circumstances faced by vulnerable children in need of stable homes and families.
Regional Distribution of Children in Need
The data compiled by the Centre, following a directive from the Supreme Court in November, sheds light on the distribution of these children across different states. Tamil Nadu CCIs house the largest number of such children, with 1,541, followed by Jammu and Kashmir, Maharashtra, Uttar Pradesh, Odisha, Rajasthan, and West Bengal.
Challenges in Adoption Process
The Supreme Court is grappling with the challenge of expediting and simplifying the notoriously slow and complex adoption process under the purview of the Central Adoption Resource Authority (CARA). A key question before the court is whether adoptions under the Hindu Adoption and Maintenance Act (HAMA) can be brought under CARA’s supervision, which currently monitors adoptions under the Juvenile Justice (Care and Protection of Children) Act.
Distinguishing Between Legal Frameworks
The Centre opposes the integration of HAMA adoptions into CARA’s oversight, citing the distinct legal frameworks governing adoption under HAMA and the JJ Act. While HAMA pertains specifically to adoption within the Hindu community, the JJ Act applies to all children in need of care and protection, regardless of their religion or background.
Adoption Statistics and Concerns
The affidavit presented to the Supreme Court highlights the prevalence of open and direct adoptions under HAMA, which may lack formalities but can lead to legal complications, particularly regarding property or succession rights within families. The Centre emphasizes that HAMA and the JJ Act operate independently and cater to different contexts and populations.
Conclusion
As the Supreme Court grapples with the complexities of the adoption process, it is imperative to prioritize the best interests of the children awaiting adoption. Addressing legal and procedural challenges while ensuring transparency and accountability is essential to streamline the adoption process and provide loving homes for orphaned and vulnerable children across the country.
