'Young Couples Can't Be Made To Wait 3-4 Years To Adopt': Supreme Court Asks Centre To Simplify Adoption Process

While considering a plea moved by a society, the Temple of Healing seeking to simplify the adoption process in India, Justices DY Chandrachud, AS Bopanna and JB Pardiwala orally told Additional Solicitor General KM Nataraj :

"This is a genuine petition, Mr. Natraj, people are waiting for 3 and 4 years for adoption. If we make couples wait for years, lakhs and lakhs of children are waiting to be adopted. You have to expedite adoption. People are waiting for years….That's a huge waiting time."

"I have made simple suggestions in my petition itself", Piyush Saxena, the petitioner appearing as party in person told the Court.

"Why don't you arrange somebody in the Ministry to meet Mr. Piyush Saxena. He has got valid suggestions. He's not some….He's a very senior officer."

"I am extremely interested", the petitioner said.

Accordingly, the court ordered the Centre to convene a meeting with the petitioner.

"The proceedings under Article 32 highlight the deficiencies in the process which has been formulated for adoption in the country. Petitioner adoptions process maybe simplified by taking efforts on the grounds. ASG K Natraj, states that the Union Government is ceased on the issue and will require about six weeks to consult with all stakeholders on the issue. In the meantime, since the petitioner has concrete suggestions, we request a senior officer of the Ministry of Women and Child Development to meet with the petitioner so that his suggestions could be looked into. This exercise shall be completed within a period of three weeks."

The Court further directed the Centre to place on record the steps taken to simply the procedure of adoption once the meeting has been convened.

As the matter drew to a close, the Bench said,

"You (petitioner) can give your submissions to them. They will hold a meeting within three weeks. Mr. Natraj you can ask them to given email."

One of the suggestions that the petitioner made was to the Child Adoption Resource Information and Guidance system to appoint a few trained "Adoption Preparers" along the lines of the Income Tax Preparer Scheme of 2006. They can help prospective parents complete the cumbersome paperwork required for adoption, the plea said.

During the previous hearing, ASG Nataraj had indicated that the writ petition might not be maintainable as it is filed by a society. The Bench noted that the process of adoption in India is indeed cumbersome and tedious and needs to be addressed. Stating that it is a genuine PIL, the bench requested the ASG not to treat it as adversarial litigation.

Case Title: The Temple of Healing v. Union of India| WP(C) 1003/2021