.){kind=link}
The High Court of Punjab and Haryana has sought a reply from the Ministry of External Affairs on the question whether a no objection certificate is mandatory under the Hindu Adoption and Maintenance Act 1956 from the Central Adoption Resource Authority (CARA).
The bench headed by Justice Jaishree Thakur was hearing a petition where a two year old girl, adopted by an NRI couple had applied for passport but it was refused on the ground that there was no NOC from CARA.
The advocate appearing on behalf of the petitioner submitted that Section 56(3) of the Juvenile Justice Act 2015 states that the provision of the Act will not be applicable to the adoption of children made under the provisions of Hindu Adoption and Maintenance Act, since it is a special law. Since the Juvenile Justice Act does not override the provisions of Hindu Adoption and Maintenance Act, the passport cannot be denied to the petitioner.
The counsel appearing for the Central Government argued that it was mandatory for the adoption to be ratified by CARA even though the Juvenile Justice Act would not be applicable to an adoption under the Hindu Adoption and Maintenance Act. Moreover the Counsel further submitted that the Hague Convention also mandated adoptions to be through CARA.
The bench seeking a detailed report from the Central government has posted the matter for further hearing on June 10.
-India Legal Bureau