Facts for Prelims (FFP)
Source: TH
Context: The Supreme Court has recently questioned the significant delay in India’s adoption processes. Approximately 30,000 prospective parents wait for an average of three years, with only 10% of orphaned children adopted annually.
| Description | |
| About CARA | Central Adoption Resource Authority (CARA) is a statutory body of the Ministry of Women & Child Development. It was established under Juvenile Justice Act, 2015, but was founded in 1990. It is a nodal body for the adoption of Indian children. |
| CARA Overview | CARA is India’s adoption regulation body, overseeing the adoption of orphaned, surrendered, and abandoned children. |
| CARA monitors and regulates various adoption-related bodies, facilitating a seamless adoption process involving registration, home study reports, referrals, court petitions, and post-adoption follow-ups. | |
| Inter-Country Adoptions | CARA is a signatory to the 1993 Hague Convention, facilitating inter-country adoptions to find suitable families for children beyond their state of origin. India ratified the convention in 2003. |
| Laws Governing Adoption | Adoption in India is governed by the Hindu Adoption and Maintenance Act, 1956 (for specific religions) and the Juvenile Justice (Care and Protection of Children) Act, 2015. CARA plays a role in the latter. |
| Evolution of CARA’s Functions | CARA’s powers expanded with changes in juvenile justice laws. The 2015 Juvenile Justice Act empowered CARA to streamline adoption processes, introducing an e-governance system (CARINGS) and enhancing transparency. |
| Recent Amendments (2022) | The 2022 amendment to the Juvenile Justice Act decentralized responsibilities, authorizing local District Magistrates to issue adoption orders for speedy disposal. |
| Challenges Faced by CARA | Challenges include declining adoption figures, infrastructural deficiencies, poor functioning of agencies, lack of awareness, and procedural issues, hindering children from entering safety nets. |
| It faced criticism during the recent same-sex marriage verdict for restricting queer and unmarried couples from adopting. | |
| Procedural challenges include identification failures, confusion due to complex laws, and a bureaucratic system. | |
| Critics express concerns about the dehumanization of the adoption process. | |
| Current laws, such as the Hindu Adoption and Maintenance Act and the Juvenile Justice Act, are criticized for not adequately protecting children’s interests. | |
| Proposed Solutions | Suggestions include a child-centric, optional, enabling, and gender-just special adoption law. |
