Adopting non-abandoned or non-orphaned child directly from parents not offence, says Karnataka HC

The Karnataka High Court has ruled that adopting a child directly from the parents, where the ward is not abandoned or surrendered or an orphan, does not constitute an offence under Section 80 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

Justice Hemanth Chandanagoudar, in a recent order, quashed the proceedings against four people in the Magistrate court. “In the absence of any declaration that the child is deserted by his biological or adoptive parents or guardians, the filing of the charge sheet is also without any substance,” the High Court said.

Banu Begum, a resident of Koppal, had delivered twin girls in 2018, and one of these children was given in adoption by her and her husband Mahiboobsab Nabisab to the couple Zareena Begum and Shaakshavali Abdulsab Hudedamani. The two couples had executed the adoption deed on a Rs 20 stamp paper. This was taken into cognisance by a Magistrate under Section 80 of the Juvenile Justice Act and the four of them were issued summons.

The couple approached the High Court against this. In the Court, the Government pleader submitted that the adoption constituted a crime under Section 80 of the Act as provisions of procedure of adoption was not followed. Under the said provision, a person is stated to have committed an offence, if he/she takes a child on adoption who is an orphan, abandoned or surrendered child without following the provisions or procedures as provided under the Act.