Authorities Under JJ Act Obliged To Speed Up: Madras High Court Flags Prolonged Delays In Processing Adoption Applications
Expressing concern over long delays in India’s adoption procedures, the High Court urged authorities under the Juvenile Justice Act, 2015, to expedite the adoption process, observing that delays risk depriving children of nurturing homes and essential developmental opportunities.
Justice G.R. Swaminathan, Madras High Court
The Madras High Court highlighted the adverse consequences of prolonged adoption procedures under the Juvenile Justice Act, observing that delayed placements deny children the formative experiences essential for their emotional and cognitive development.
The Court was hearing a writ petition filed by a Muslim couple seeking registration of an adoption deed that had been rejected by the Registrar.
While declining to issue a mandamus for direct registration, the Court made extensive observations on the urgent need to streamline the adoption framework under the Juvenile Justice Act, 2015 and the Adoption Regulations, 2022.
A Bench comprising Justice G.R. Swaminathan, while making the observation, took judicial notice of the prolonged delays in concluding the adoption process, referring to an editorial in The Hindu titled “Should India relax its adoption procedures?” and stated that such delays “risk denying children the timely access to a nurturing environment essential for their overall well-being, development, and equitable life opportunities”, while emphasising that “the authorities under the JJ Act are obliged to speed up the adoption process.”
The petitioner was represented by Advocate M. Pandian, while G.V. Vairam Santhosh, Additional Government Pleader, appeared for the respondents.
Background
The petitioners, unable to have biological children, sought to adopt a nephew through a private adoption deed. The Registrar declined to register the deed, citing a lack of compliance with the JJ Act procedure. The High Court, while upholding this refusal, directed the petitioners to adopt the formal process under the Adoption Regulations, 2022, which requires approval from the District Magistrate.
In doing so, the Court delved into the systemic delays that plague the adoption process in India, noting the growing gap between the number of children declared legally free for adoption and the increasing number of prospective parents waiting for years.
Court’s Observation
The Madras High Court noted that, according to reports, as many as 13 prospective parents are waiting for every single child legally available for adoption, resulting in long waiting periods and loss of crucial developmental years for children in institutional care.
While emphasising the crucial nature of having a robust adoption policy, the Bench observed that “whether placed at birth or later in childhood, the intended goal of adoption has always been to facilitate a permanent and nurturing family in which a child’s physical, emotional, relational, and educational needs are met.”
The Bench further held that delays in processing adoption applications “postpone and deprive children of the formative experiences and opportunities that can significantly alter the trajectory of their lives.”
Reiterating that authorities under the JJ Act are obliged to speed up the adoption process, the Court emphasised that facilitating timely adoptions was integral to fulfilling the objectives of child protection and welfare envisaged by the 2015 Act.
Conclusion
In the matter at hand, while disposing of the petition, the Court directed that the verification process by the District Child Protection Unit be completed within three weeks of application, and that the District Magistrate dispose of adoption cases within a further three weeks, ensuring a child-centric and expeditious procedure.
Cause Title: K. Heerajohn v. The District Registrar, Madurai & Anr.
Appearances
Petitioner: M. Pandian, Advocate
Respondents: G.V. Vairam Santhosh, Additional Government Pleader