'Sensitive Issue': Supreme Court On PIL Seeking DNA Verification Of Children Before Adoption & Rescue Measures For Missing Children

A public interest litigation has been filed before the Supreme Court seeking reliefs related to rescue and rehabilitation of missing and trafficked children. Among other things, the petitioner prays for DNA verification of identity of children proposed to be adopted to prevent illegal adoptions and trafficking.

The matter was listed today before a bench of CJI Surya Kant and Justice Joymalya Bagchi, which asked the petitioner, Reepak Kansal, to offer solutions to the problems highlighted in the PIL.

"This is a very very sensitive issue and we appreciate that you have taken up this cause. But ask your juniors to do a little homework. Give us a framework...what should be the solution...problem we have understood. Instead of looking to the government machinery, or here and there, for solution, we would like for you to suggest the solution. Think how different kinds of institutions can be collaborated...how can they be brought on a common platform...", CJI conveyed to the petitioner's counsel.

Briefly put, the PIL seeks a National DNA and Biometric Identification System for missing and rescued children, with proper statutory safeguards, to enable scientific matching and restoration of identity.

It further seeks a direction for mandatory DNA sampling, subject to due safeguards and consent protocols, of all unidentified rescued children and willing biological parents/guardians of missing children, for the limited purpose of reunification and identity confirmation.

In addition, the petitioner prays for integration and interoperability of all existing child protection databases, such as police records, shelter homes, Child Welfare Committees, and Anti- Human Trafficking Units, under a centralized and real-time national framework.

Other reliefs prayed for include:

- Constitution of a National and State-Level Child Protection & Anti-Trafficking Task Force to ensure mandatory interstate coordination, time bound investigation, rescue and rehabilitation of missing and trafficked children;

- A Standard Operating Procedure for tracing DNA testing, reunification, rehabilitation, compensation and long-term monitoring of rescued children;

- Direction that prior to completion of any adoption process, the DNA of the child proposed for adoption be mandatorily verified against national records, under a regulated and privacy-compliant framework, so as to ensure the authenticity of the children's identity and to prevent illegal adoption, trafficking or misrepresentation.

- Direction for respondents to file periodic compliance affidavits before the Supreme Court detailing the number of missing children, DNA samples collected, matches found.

Case Title: REEPAK KANSAL Versus UNION OF INDIA AND ORS., W.P.(C) No. 509/2026