The Supreme Court on Monday issued notice on a PIL seeking preparation of an adoption scheme by the Ministry of Women and Child Development.
The PIL has been filed by charitable trust “The Temple of Healing” through its secretary Dr. Piyush Saxena.
The Division Bench of Justice D.Y. Chandrachud and Justice Surya Kant expressed its concern about problems related with adoptions.
The Court asked the petitioner what is his interest in the adoption scenario in India.
Petitioner-in Person apprised the Apex Court that his passion in life is to work for the betterment of society and looking at the difficulties faced by orphans and parents who wish to adopt, he has approached the court.
The Court observed that there was an inter-country adoption where a child went through different parents and there are many instances of abuse.
The petitioner submitted before the Court that these cases are very less in number.
The Court said, “We can’t let orphans suffer. We must come up with a water-tight policy.”
The petitioner took the Court through various instances where the Child Welfare Committee (CWC) denies adoption applications on minor and irrelevant grounds.
It is pertinent to note that in the PIL it is proposed that all 6,612 blocks in 5,564 tehsils across 736 districts in India must organize a 2-hour career counseling session for orphans in their respective blocks every month. These sessions must be conducted by an officer, e.g. Block Education Officer/ Assistant Basic Shiksha Adhikari or equivalent. Two-hours a month is not a big ask but the results can be amazing. There are a significant number of ways in which they can also involve the leading citizens of the block in these meetings to increase awareness.
i.All orphans who are living in shelter homes (operational since 2015 with a minimum of 5 children) should be encouraged to participate.
ii.The Child Adoption Resource Information and Guidance system may appoint a few trained “Adoption Preparers” on the lines of the Income Tax Preparer scheme of 2006. They can help prospective parents complete the cumbersome paperwork required for adoption. Presently, this job is being done by social workers voluntarily. Officially they do it selflessly but they claim hefty donations as a matter of right. Petitioner proposes that suitable press releases be used to invite graduates to work as ‘adoption preparers’. Selected candidates can undergo an official training for a week covering all adoption rules and process. They can pay Rs 5000 for the training. Upon successful completion, they can get a certificate. Their names may be put on a central website for verification and fraud prevention. They should be allowed to charge Rs 2000 from each parent for guidance in adoption. Many parents as of today are seeking help for filling up the forms and paying hefty fees to advocates who have little knowledge about adoption practices.
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iii.Sometimes, solutions to complex problems such as this one are quite simple indeed. The petitioner proposes setting up of empowered local advisory bodies of respectable people, along the lines of jury duty of the US, wherein we can invite at least 25 respectable people to decide on adoption cases. This system will work in the following process:
a. Couples desirous of adopting children must register their request on a central portal, along with their identifiers and other details.
b. Depending on the areas from which these requests have come in, jury members should be asked to convene regular sessions in which prospective parents must be present to put forward their requests and how they plan to take care of the child they are adopting. They can be offered their requested choices from local orphanages.
c. If the 3/4 majority of the jury members agree to their request for adoption, they can allow the parents to fill in the required forms and complete the paperwork necessary within a week.
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According to the PIL , there are several advantages of such a system.
First, a social network from the area where the prospective parents reside can ensure someone or the other has an oversight on how they are bringing up the adopted child almost at all times.
Second, it moves the responsibility from the government and puts it squarely on people/society. This itself allows the bureaucracy to facilitate quick decision making.
Third, it creates a lot of awareness about the adoption issue and removes taboos around it.
Fourth, it improves people’s accountability in the management of social problems.
Fifth, it reduces the burden on the judiciary and other branches of governement and reduces unnecessary expenses. Sixth, it expedites decision making and smoothens the adoption process.
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“A change may happen to the country. What if?
a. Every child felt loved, valued and safe.
b. No child aged out of the system.
c. Every orphan becomes a son or daughter.
d. You could change a child’s life.
e. We could create a world without orphans.
f. We make an orphan’s journey to a family.
g. We make nobody’s child a beloved son.
h. The fatherless… who are within your towns, shall come and eat and be filled, that the LORD your God may bless you in all the work of your hands that you do,” the petition reads.
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