States must implement contentious adoption rules immediately

Questions remain about recently concluded and about to be concluded cases, and more

Questions remain about recently concluded and about to be concluded cases, and more

The Ministry of Women and Child Development has written to state governments asking them to immediately implement the revised adoption rules requiring adoption orders to be passed by District Magistrates (DMs) at the place of the courts from 1 September.

The instructions come despite concerns raised about the jurisdiction of deputy ministers in civil matters such as inheritance and succession, as well as delays likely to be caused in cases where the court has already made orders since September 1. or is likely to return them soon after spending several months on the procedure.

“All cases relating to adoption matters pending before the courts will be transferred to the District Magistrates from the effective date of the rules i.e. 01.09.2022,” Indevar wrote. Pandey, Secretary of the Ministry of Women and Child Development, to the Chief Secretaries of States and Union Territories on Monday. He urged “immediate execution of the same, so that there is no further delay in passing adoption orders.”

“The Center should have clarified what happens to orders placed between September 1 and September 12, and how CARA and DMs should handle such cases. The courts have not been notified of the changes nor has the Center yet notified the Adoption Regulations 2022 detailing the process to be followed by DMs,” said Sindhu Naik, Member of the State Council of Karnataka for child protection.

The disputed amendment is an amendment to the rules and not to the main law and its revision should therefore not be a difficult task involving the approval of the Parliament, she underlined.

“He is moving cases currently being heard in district and civil courts to the DM which should be contested. The rules should not apply retrospectively and should state that only new cases after September 1 should be brought to DMs to seek adoption orders,” she added.

Experts have drawn attention to the fact that when a child turns 18 and their inheritance and inheritance rights are disputed in court, a court order is more defensible to secure the rights.

Parliament passed the Juvenile Justice (Care and Protection of Children) Amendment Bill 2021 in July last year to amend the Juvenile Justice Act (JJ Act) 2015. ci authorize district magistrates and additional district magistrates to issue adoption orders under section 61 of the JJ Act by deleting the word “court”.

This was done to ensure prompt resolution of cases and to strengthen accountability. Amendments to the Juvenile Justice (Care and Protection of Children) Model Rules 2016 were notified on 1 September and require all adoption cases to be transferred to the DM with immediate effect.

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