Principle Of The Best Interest Of Child To Be Followed: Supreme Court Directs Police To Hand Over Custody Of Children To Adoptive Parents

The Supreme Court, while directing Police to hand over custody of children to adoptive parents, has observed that the principle of the best interest of the child is to be followed in such cases.

The Court was considering an Appeal wherein the Appellant assailed the validity of the action of the Police Authorities in taking away the custody of the minor children from them as they claim to be the adoptive parents on the premise that it is without authority of law.

The Bench of Justice BV Nagarathna and Justice KV Viswanathan observed, "This is in the interest of the children owing to the bonding between the “adoptive parents” and the respective children. This is by following the principle of the best interest of the child; principle of family responsibility; principle of safety, positive measures, principle of Institutionalization as a measure of last resort, principle of repatriation and restoration, which are also enunciated as general principles in Section 3 of the Juvenile Justice (Care and Protection of Children) Act, 2015."

The Appellant was represented by Senior Advocate Dama Seshadri Naidu, while the Respondent was represented by Senior Advocate Ravi Shankar Jandhyala.

Facts of the Case

The Petitioners, who were said to be “adoptive parents” in the Writ Petitions who sought a declaration that action of the Commissioner of Police in forcibly and illegally taking the custody of the minor children from the appellants and handing them over to the Child Welfare Project Director and integrated Child Protection Services on the basis of the FIR was illegal, arbitrary and violative of Articles 14 and 20 of the Constitution of India.

The single judge allowed the Writ Petitions and held that the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 did not apply to the fact situation of the cases and further the action of the Police authorities in taking the custody of the children in question from the Appellants herein who claim to be adoptive parents of the children in question was illegal an without authority of law. He further granted liberty to the Appellants herein to adopt the procedure prescribed for continuation of the custody of the children with them by validly executing adoption deeds or by following any other procedure which would allow them to retain the custody of the children forever.

Reasoning By Court

The Court found that the ends of justice would be served in the instant case by directing the return of the children to the “adoptive parents”.

"However, as a safeguard and in the best interest of the children, we direct that the Member Secretary of the State Legal Services Authority and/or the Member Secretary of the District Legal Services Committee, within whose jurisdiction the “adoptive parents" reside to seek reports on the welfare and progress of the child from the respective “adoptive parents” on a quarterly basis starting from November, 2025 onwards. The Member Secretary of the State Legal Services Authority and/or the Member Secretary of the District Legal Services Committee will also be at liberty to depute a Child Welfare Expert to inspect the home where the child and the “adoptive parents” reside. This is to ensure the welfare and progress of the children who have been returned to the “adoptive parents”", the Court observed.

The Appeals were accordingly disposed of.

Cause Title: Dasari Anil Kumar & Another vs. The Child Welfare Project Director & Others [Neutral Citation: 2025 INSC 972]

Appearances:

Appellant- Senior Advocate Dama Seshadri Naidu, Advocate Dama Seshadri Naidu, Advocate M Srinivas R Rao, Advocate-on-Record Abid Ali Beeran P, Advocate Sarath S Janardanan, Advocate Saswat Adhyapak, Advocate Namita Kumari

Respondent- Senior Advocate Ravi Shankar Jandhyala, Advocate-on-Record Sravan Kumar Karanam, Advocate Neha Rai, Advocate M. Harshini, Advocate Kumar Abhishek, Additional Solicitor General Vikramjit Banerjee, Advocate Rupesh Kumar, Advocate Sachin Sharma, Advocate Prahlad Singh, Advocate Pratyush Shrivastava, Advocate Samarvir Singh, Advocate Shashank Bajpai, Advocate Shubhendu Anand, Advocate Adarsh Kumar Pandey, Advocate-on-Record N. Visakamurthy, Advocate-on-Record Devina Sehgal, Advocate M. Srikanth Varma

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