States told to implement adoption rules
About Adoption (First Amendment) Regulations, 2021.
According to the new regulations;
From September 1 adoption orders are to be passed by District Magistrates (DMs) instead of courts.
Indian diplomatic missions abroad are charged with safeguarding adopted children whose parents move overseas with the child within two years of adoption.
About Central Adoption Resource Authority (CARA):
Central Adoption Resource Authority (CARA) is a statutory body of Ministry of Women & Child Development.
It functions as the nodal body for adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoptions.
ARA is designated as the Central Authority to deal with inter-country adoptions in accordance with the provisions of the Hague Convention on Inter-country Adoption, 1993, ratified by Government of India in 2003.
What are the concerns regarding the Revised Adoption Rules?
There have been concerns regarding the jurisdiction of DMs in civil matters such as inheritance and succession which can disrupt separation of Judiciary and Executive.
It can also cause delays in cases where the court has already passed orders.
There is a lack of clarity in what happens to the cases where court has passed orders between September 1 and September 12.
Currently the concerns are raised regarding an amendment to the rules, and not the principal Act, hence must be easier to resolve.
Experts have raised the concern that when a child turns 18 and if his or her inheritance rights are contested before a court, a judicial order is more likely to ensure the entitlements.
What can be done
The rules should not apply retrospectively, and should state that only new cases after September 1 should be brought to DMs for seeking adoption orders.
The Centre should clarify what happens to the cases where orders have been passed between September 1 and September 12, and how CARA and DMs should deal with such cases.
Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021 in order to amend the Juvenile Justice Act (JJ Act), 2015.
This amendment authorises District Magistrates and Additional District Magistrates to issue adoption orders under Section 61 of the JJ Act by striking out the word “court”, this needs to be enacted as soon as possible.
Source : THE HINDU