Expressing concern over the illegal adoption of orphans by COVID-19, the Supreme Court has directed the state governments and Union Territories to take action against NGOs which are illegally adopting children.
“Any adoption of affected children should not be against the provisions of JJ Act, 201 of. Admission to orphans is against the law as no child is allowed to be adopted without the involvement of CARA. Strict action will be taken.
State Governments / UTs The action has been taken against the agencies/individuals who are responsible for engaging in this illegal activity “, the court-ordered.
The Bench added that the State Governments / UTs have been directed to stop any NGO from raising funds by disclosing the identities of the affected children and inviting them to take interest.
COVID by the court. The order was passed by a bench comprising Justice L Nageshwara Rao and Aniruddha Bose in a suo moto case initiated by the CBI to address the issue of affected children.
Additional Solicitor General K.M., appearing before the National Council for the Protection of Child Rights. Advocate Shobha Gupta led the petition in the sumo moto case on behalf of an organization called ‘We the India F India’, in which public advertisements and social media posts inviting people to adopt orphans were brought on the court’s notice.
He submitted that most of them are bogus and under no circumstances is any adoption allowed without the involvement of the Central Adoption Resource Authority (CARA).
He stressed the need for immediate action by the state governments and union territories to stop the spread of such posts on social media and stern action should be taken against those responsible for such posts. Under Section 108 of the JJ Act, 2015, Ms Shobha Gupta introduced that the schemes in favour of the affected children should be given wide publicity.
Widely publicize the provisions of the Juvenile Justice Act and welfare schemes
Noting that most of the people are not aware of the provisions of the Juvenile Justice Act 2015 and the welfare schemes announced under the Act, the court directed the Central and State Governments to conduct a wide publicity campaign in this regard.
“Section 108 of the JJ Act, 2015 provides that the Central Government and the State Governments / UTs should take steps to ensure that the provisions of the JJ Act, 2015 are regularly disseminated through media including television, radio and print media.
People, children and their parents or guardians should be made aware of such provisions. It is true that most people are not aware of their rights and are entitled to some of the rights declared by the government.
The court’s directions are:
● State Governments / UTs are directed to take action against NGOs / individuals who have adopted illegally.
● The provisions of JJ Act, 201 of and the existing schemes of the Union and State Governments / Union Territories of India should be widely publicized which will benefit the affected children.
● Author name-Akshita Thakur