GS Paper 2
Syllabus: Government policies and interventions for development in various sectors and issues arising out of their design and implementation.
Source: The Hindu
Context: The pendency in the adoption of children has come down to 644 from 905 over the last two months since the new Adoption Regulations were notified.
- The new rules empowered District Magistrates to issue adoption orders, which were exercised by the judiciary earlier.
Juvenile Justice (Care and Protection of Children) Amendment Bill, 2021:
- Section 61 of the JJ Act:Authorizing District Magistrates and Additional District Magistrates to issue adoption orders by striking out the word “court”.
Reforms made in the Adoption Rules:
- Pre- and post-adoptive counselling sessions for prospective adoptive parents by counsellors trained with the help of the National Institute of Mental Health and Neuro Sciences (NIMHANS).
- A complete health check-up is being done through the Chief Medical Officer (CMO) of the child before processing the adoption.
- Changes have also been made to the Child Adoption Resource Information and Guidance System (CARINGS) online platform for adoption.
- If the child adjusts well to the foster family, it can adopt the child after two years of fostering (earlier it was five years).
Need for reforms:
- To prevent court-related delays during adoptions because of a large number of pending cases.
Issues with Adoption in India:
- Conflict – There is an anomaly on the legislature front as adoption is being governed by the Hindu Adoption and Maintenance Act of 1956, which is under the Ministry of Law and Justice while the aspects of Orphans are dealt with by the Ministry of Women and Child Development.
- Emotional trauma – Children face a lot of pressure in getting adjusted to a new family and culture.
- Trafficking: The trafficking of such children is a challenge, especially in the eastern part of the country like Bihar, Jharkhand and West Bengal.
Laws governing adoptions in India:
- Hindu Adoption and Maintenance Act, 1956 (HAMA): A “dattaka hom” ceremony or an adoption deed or a court order is sufficient to obtain irrevocable adoption rights.
- Juvenile Justice Act, 2015:Parents have to register on CARA’s portal after which a specialized adoption agency carries out a home study report.
Way Forward:
- Changing behavioural mindset related to “my child being of my blood”, which was initiated by banning commercial surrogacy in India.
- Adoption rates will begin to increase both when there are enough children in the adoption pool, and when more parents are willing to adopt.
Central Adoption Resource Authority (CARA)
- It has been set up as a statutory body of the Ministry of Women and Child Development.
- It functions as a nodal body for the adoption of Indian children and is mandated to monitor and regulate in-country and inter-country adoption.
Insta Link:
The tedious process of Adoption
Prelims Link:
- CARA
- Juvenile Justice Act
- CARINGS Online Platform
- Hindu Adoption and Maintenance Act
Mains Link:
Q. Explain the rationale behind the recent Juvenile Justice (Amendment) Bill 2021 and account for its key features. 150 Words
