Transfer Of Adoption Powers To District Magistrates Valid: Bombay High Court Upholds 2021 Juvenile Justice Act Amendment

The Bombay High Court has upheld the constitutional validity of the 2021 amendment to the Juvenile Justice (Care and Protection of Children) Act, which transfers the power to issue adoption orders from courts to District Magistrates. The Court held that the change in forum does not violate constitutional principles and is aimed at expediting the adoption process.A Division Bench of Justices Bharati Dangre and Manjusha Deshpande was hearing writ petitions challenging the amendment on the ground that adoption is a judicial function and cannot be delegated to an executive authority like the District Magistrate. The petitioners argued that such a transfer violates Articles 14 and 21 and the doctrine of separation of powers.The Court examined the scheme of the Juvenile Justice Act and noted that adoption is a child-centric process governed by detailed statutory provisions and regulations framed by the Central Adoption Resource Authority (CARA). It observed that the role of the authority granting adoption is largely to ensure compliance with statutory requirements and the welfare of the child.Rejecting the challenge, the Court held that merely because the function was earlier performed by courts does not mean it cannot be entrusted to another competent authority. It found that the District Magistrate, as the head of district administration and child protection mechanisms, is suitably placed to coordinate among various stakeholders and ensure effective implementation of the adoption framework.The Court also noted that District Magistrates routinely exercise quasi-judicial powers under various statutes and are capable of discharging functions requiring application of mind and adherence to statutory safeguards. It held that strict separation of powers is neither possible nor required, and overlap of functions is permissible in administrative law.Addressing concerns regarding expertise and safeguards, the Court relied on the detailed procedural framework under the Act and Adoption Regulations, which involve multiple agencies and checks, including home study reports, scrutiny by specialised agencies, and post-adoption monitoring. It held that these safeguards ensure that the welfare of the child remains paramount.“… we do not find any ground to believe that the District Magistrate will not be in a position to exercise its role in an effective manner as what function was entrusted to the 'Court' is now handed over to the 'District Magistrate', who with the aid and assistance of the Regulations framed by CARA,” the Court observed. Finding no merit in the challenge, the High Court dismissed the petitions and vacated the interim stay that had restrained the transfer of pending adoption matters to District Magistrates. It clarified that orders already passed by courts during the interim period would remain valid.Case Title: Nisha Pradeep Pandya & Anr. vs. Union of India & Ors. [Writ Petition No.1085 of 2023 with connected matters]Citation: 2026 LiveLaw (Bom) 235Click Here To Read/Download Order

Transfer Of Adoption Powers To District Magistrates Valid: Bombay High Court Upholds 2021 Juvenile Justice Act Amendment

Saksham Vaishya

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