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MP High Court quashes FIR under Section 370 IPC and JJ Act against Christian Missionary over Adoption of Children

The Court held that “the prosecution of the petitioner is sugarcoated with ill-intention and made to belittle his image in the society.” ...

Madhya Pradesh High Court: In a writ petition seeking quashment of an FIR registered against the petitioner, who operates an orphanage, for alleged involvement in male trafficking under Section 370 of the IPC, a single-judge bench of Sanjay Dwivedi, J., quashed the FIR alleging male trafficking as the essential elements of Section 370 IPC were absent. 

Factual Matrix I

n the instant matter, the petitioner, Aadhaarshila Sansthan, operates two institutions (i) Bal Bhawan (earlier known as Central India Christian Mission), an orphanage registered as a Child Care Institution under the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act) and Central India Academy, a residential school not falling under the JJ Act’s Child Care Institution definition.

In a communication dated 06-08-2024, the City Superintendent of Police, Damoh, sought detailed records regarding children residing in Bal Bhawan and raised concerns about how they were received, their medical records, and whether proper notifications to authorities were made

Following this, an FIR was registered against the petitioner on 07-08-2024, for offenses under Sections 370(3), 370(4), and 34 of the IPC, along with Section 80 of the JJ Act. The FIR was grounded on allegations of improper post-adoption follow-up of two children, ‘X-Bhosle’ and ‘X-Dhurvey’, who were reportedly found living at the orphanage after being adopted. The petitioner filed the present writ petition seeking to quash both the communication dated 06-08-2024 and the FIR.

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For many Indian orphans, placement in the West is the only chance of a life with a family. But couples willing to adopt must sometimes wage a grueling battle against bureaucracy

For many Indian orphans, placement in the West is the only chance of a life with a family. But couples willing to adopt must sometimes wage a grueling battle against bureaucracy



© Andrea Schuhmacher
 

The one-year-old sits up in her crib with wide eyes. The girl is much too thin and too small for her age

Jegan shyly points to the crumpled photo in his brown hand. Then he whispers: "Dad, Mum." The man in the picture is holding a blonde woman in his arms. The little Indian's finger continues to wander across the paper: a laughing boy and a girl with cheeky braids are steering a white motorboat. Jegan looks questioningly out from under his jet-black fringe of hair. "Brother," Sister Paulina interjects: "Brother and Sister."

The six-year-old speaks Tamil, he can barely speak English and not at all in German. He could have learned his first words of Swabian months ago if it weren't for the bureaucratic hurdles: Monika and Ulrich Kippelt from Alfdorf in Stuttgart have been fighting to adopt the Indian orphan since September 2003. The story of Jegan and his new parents is a drama with great emotions, disappointments and hopes and an uncertain ending. It shows how difficult international adoptions are - and how important.

Study trip to South Korea31 August–6 September 2024

Social Committee 2023-24
SOU Alm. part Annex 290
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Save the Children offices raided in Guatemala

Police in Guatemala raided five regional offices of British aid agency Save the Children on Monday as part of an investigation into alleged child abuse.

Prosecutors requested information from US authorities in April about the alleged involvement of the organisation in smuggling children across the border, according to local media.

Save the Children said it was "aware of the activity" at their offices, and denied the prosecutors' allegations.

The prosecutor in charge of the case, Rafael Curruchiche, and the country's attorney general, Consuelo Porras, have previously been sanctioned by the United States and the European Union for attacks on democracy.

Curruchiche said the searches were being carried out in different regions of the country as part of a "transnational investigation of great importance", in a video statement on X.

“The adoptions were not just acts of charity”: GLP calls on the Thurgau government to take action

The GLP Thurgau has submitted a simple request to the government council to shed light on the illegal adoptions of Indian children between 1973 and 2002. Several cases are said to concern the canton of Thurgau.


The report "Mother Unknown", which was commissioned by the cantons of Zurich and Thurgau, "reveals serious misconduct", according to a statement from the Thurgau Green Liberals. Many adoptions were carried out without the consent of the biological mothers and on the basis of forged documents.

 

 

"The adoptions were not just acts of charity, but also a business model," the GLP states. Homes in India released children for adoption and received money from Switzerland. "Despite missing or incomplete documents, the relevant authorities in Thurgau approved the adoptions. This means that the canton shares responsibility."

‘Like losing a child’: what is the cost of China’s sudden ban on international adoptions?

Families who spent years in limbo have had their hopes dashed, and some analysts fear disabled children may never get to enjoy family life


China’s abrupt decision to ban international adoptions last month appears to have crushed the dreams of hundreds of foreign families and possibly ended the last chance many Chinese children would have had of a family life.

“You’re losing a kid even though you didn’t give birth to them and you haven’t even met them,” said Kathy Rice, one of the affected would-be parents. “But they’ve been part of our family all this time and all of a sudden we’re losing them.”

Rice had been waiting for five years to adopt Ruby, a teenager with Down’s syndrome, and bring her home to Michigan.

 

This mother was told that her daughter was stillborn.

Updated 07 Oct. 2024 AT 1:26 PM

The black car slows down and stops in front of a low brick house.

The house's brown front doors are open, but Natalie Montaño (35) stays inside the car.

Right now, she is regretting the Facebook post she made three years ago. The post that has led her from Oslo to this house in Colombia.

The body feels numb. Disconnected, like a shell.

Madhya Pradesh High Court Criticises NCPCR Head For Baseless Case Against Christian Missionary Over Adoption Of Children, Quashes FIR

The Jabalpur bench of Madhya Pradesh High Court last week quashed an FIR against christian missionary Dr. Ajai Lall accused of trafficking two children, who were earlier living in an orphanage run by a society of which he was the office bearer, and who were subsequently adopted following a family court order in 2017. In doing so the High Court noted that the adoption of the children was...

South Korea adoptees endure emotional, sometimes devastating searches for their birth families

South Korea adoptees endure emotional, sometimes devastating searches for their birth families

 


SEOUL — They began a pilgrimage that thousands before them have done. They boarded long flights to their motherland, South Korea, to undertake an emotional, often frustrating, sometimes devastating search for their birth families.


South Korea adoptees endure emotional, sometimes devastating searches for their birth families

These adoptees are among the 200,000 sent away from Korea to Western nations as children. Many have grown up, searched for their origin story and discovered that their adoption paperwork was inaccurate or fabricated. They have only breadcrumbs to go on: grainy baby photos, names of orphanages and adoption agencies, the towns where they were said to have been abandoned. They don’t speak the language. They’re unfamiliar with the culture. Some never learn their truth.