Whistleblower claims hospital director colluded with ‘online intermediaries’ to sell birth certificates for about £10,750

Six people have been arrested in central China’s Hubei province over alleged involvement in a baby-trafficking ring linked to a hospital in one of the province’s biggest cities.

The allegations about Xiangyang Jianqiao hospital first came to light on 6 November via a Weibo user by the name of Shangguan Zhengyi, who describes himself as an “anti-trafficking volunteer”. Shangguan posted a series of claims about the hospital’s director, Ye Youzhi, whom he accused of colluding “with online intermediaries” to sell birth certificates for 96,000 yuan (£10,750).

The Danish adoption agency DIA receives harsh criticism from the Danish Appeals Board. The agency acknowledges errors.

Denmark's only mediator of adoptions from abroad, Danish International Adoption (DIA), has received harsh criticism for its handling of adoptions from Madagascar.

The criticism comes from the Danish Appeals Board, which continuously supervises DIA.

The warning is very serious, believes Stine Jørgensen, who is professor of social law at the University of Copenhagen and researches into, among other things, transnational adoptions.

According to the Danish Appeals Board, DIA has in a number of cases acted contrary to, among other things, the principles of the Hague Convention and the Adoption Act. And it happened against his better judgment, says an explanation of the process.

KOCHI: Kerala High Court has orally observed that even children aged four and five are at risk with predators around. The remark was made when the petition of a quinquagenarian couple seeking permission to return their adopted child and annul the adoption came up for hearing. 

“Where do I send her?” said Justice Devan Ramachandran, adding, “She is a woman now. Even kids aged four and five are at risk, how can an 18-year-old live peacefully.” 

The court also examined the report filed by the District Legal Services Authority (DLSA) and said the child is not against her adopted parents. The counsel for the couple said she wanted to return to the Nishkam Seva Ashram, an institution under the Punjab government, from where she was adopted. “You are wrong. Go through the DLSA report,” the court replied. 

In a counter affidavit, the Thiruvananthapuram district collector informed the court that the couple adopted the child based on the order issued by the Ludhiana guardian judge, and the application for annulment shall be filed in the court which issued the order permitting adoption.

The HC said the couple became depressed after the untimely death of their 23-year-old son.

It took Sandip Soparrkar four years to convince orphanages, and later the court, to grant him permission to adopt a child because he was unmarried. But Soparrkar remained determined. In 2007, the acclaimed dancer and choreographer brought home a little boy, becoming the first single man to adopt a child in India. In 2021, he became the first single father to adopt a second child when he took charge of a nine-year-old with special needs. It is believed Soparrkar inspired his student Madonna to adopt an Indian baby. He spoke to Neha Bhayana about his boys, his parenting rules and adoption
What made you want to adopt?
 

It was just something I always wanted to do since I was a teenager. There are adoption cases in my family. A few of my cousin sisters have been adopted. My favourite sister is an adopted child. When I was young, I thought I would do it when I am financially and emotionally stronger. I just took that step very naturally without thinking because I love children. I didn’t even know that I would be the first single man to adopt till it came out in the news.

You had to fight a long battle …

There was a four-year-long struggle because there were no rules, or rather there were some rules but they had never been exercised by anybody. The adoption law is strange in so many ways. A woman above 18 can adopt a child, but a man needs to be above 30 to adopt. Moreover, to be considered fit for adoption, a man has to submit proof of his financial standing whereas a woman need not. I can’t say whether this is right or wrong, but I find it unfair because it took me four years to fight for the right to adopt. I had gone to so many orphanages but none even considered me. I was asked why I should get a child when a couple or single woman could take him. I was even questioned about my affairs which is odd because that has nothing to do with my ability to be a good parent. I am grateful to the orphanage Bal Anand for standing by me and giving me my son. I got Arjun home on October 3, 2007. We celebrate this day every year as his homecoming birthday.

When did you first meet Arjun?

I remember one day, suddenly, Madhavi Mhatre from Bal Anand, called me and asked me to come to meet a child. I said ‘Ma’am, I am not ready’. She said, ‘You have been waiting for four years. Of course, you are ready.’ I was so nervous. I was seated when the door opened and a little boy, just over a year old, crawled in and gave me the toy car which was in his hand. That was it. I fell in love. Imagine a child who lived in an orphanage and did not have any toys that belonged to him exclusively, still chose to give me his car. This showed that he wanted to be with me. This was the best moment of my life.

How did you handle diaper duty?

It took Sandip Soparrkar four years to convince orphanages, and later the court, to grant him permission to adopt a child because he was unmarried. But Soparrkar remained determined. In 2007, the acclaimed dancer and choreographer brought home a little boy, becoming the first single man to adopt a child in India. In 2021, he became the first single father to adopt a second child when he took charge of a nine-year-old with special needs. It is believed Soparrkar inspired his student Madonna to adopt an Indian baby. He spoke to Neha Bhayana about his boys, his parenting rules and adoption
What made you want to adopt?
 

'All states and UTs are directed to ensure that within every district Specialised Adoption Agency (SAA) shall be set up by January 31, 2024. The nodal department in charge of implementing the Juvenile Justice (Care and Protection of Children) Act, 2015 shall positively communicate compliance to the director, Central Adoption Resource Authority (CARA) and secretary Ministry of Women and Child Development by January 31, 2024,' the bench said.

New Delhi: Noting the 'mismatch' between the number of children legally available for adoption and registered prospective adoptive parents, the Supreme Court on Monday directed all states and the Union territories to carry out a drive every two months to identify the children in abandoned and surrendered (OAS) category in child care institutions.

A bench comprising Chief Justice D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Misra said the first of such an exercise should be carried out by December 7

"All states and UTs are directed to ensure that within every district Specialised Adoption Agency (SAA) shall be set up by January 31, 2024. The nodal department in charge of implementing the Juvenile Justice (Care and Protection of Children) Act, 2015 shall positively communicate compliance to the director, Central Adoption Resource Authority (CARA) and secretary Ministry of Women and Child Development by January 31, 2024," the bench said. 

The bench also directed all states and UTs to compile and submit to the CARA Director data on Hindu Adoption and Maintenance Act (HAMA) adoptions by January 31, 2024. 

The Supreme Court on Monday (20.11.2023) directed the Secretary in charge of nodal departments responsible for the implementation of the Juvenile Justice (JJ) Act in all States to carry out bi-monthly identification drives to identify children who were orphaned, abandoned, or surrendered so that such children could enter the loop of adoption in India. It was stated that the first of...

NEW DELHI: The Central Adoption Resource Authority (CARA) painted a gloomy picture for nearly 3.5 crore children awaiting adoption in various Child Care Institutions (CCIs) saying that the cumbersome procedures and resultant inordinate delay had led to a situation where many of the children available for adoption reach the age of 6 years when a majority of prospective adoptive parents ( PAPs) are no longer willing to embrace them.
Additional solicitor general Aishwarya Bhati, appearing for CARA with its director Jagannath Pati, informed a bench of CJI DY Chandrachud and Justices J B Pardiwala and Manoj Misra that nearly 70% of PAPs prefer to adopt children aged below two years. Only 10.3% of PAPs adopt children aged 2-4 years and 14.8% prefer to adopt children aged 4-6 years.
 

Providing comprehensive statistics about adoptions, Bhati said though crores of children are lodged in CCIs, only 2,146 were ‘legally free’ to be adopted. As on October 28, there were as many as 30,669 PAPs registered with CARA. As per data placed before the SC, the annual number of adoptions has declined from 4,362 in 2014-15 to 3,158 in 2022-23.
 

TIMES VIEW

The data underlines the vast difference between the number of children who need adoption and the number of those being adopted. There’s no arguing that the adoption process in India is complex and convoluted. Adoption gives a child a home and limitless joy to the new parents. The government should adopt an uncomplicated but thorough process to encourage this socially progressive trend.

The Kerala High Court has reiterated that there ought to be an express or implied trust of property or entrustment for any specific purpose in order to attract the liability for criminal breach of trust as provided under Section 406 IPC.

Justice P. Somarajan explained that the mere existence of a commercial transaction and deposit of amount with any person or institution would not attract criminal breach of trust as defined under Section 405 IPC

"A deposit of amount with a person, if it is intended for keeping the same without the liability of interest or any premium payable on that account would attract the criminal liability under Section 406 IPC, if it was dishonestly misappropriated, converted or dispossessed in violation of any direction prescribing the mode of its user or any legal contract. On the contrary, when the deposit is for the purpose of incurring interest, failure to return the amount as agreed would not canvass the criminal liability under Section 406 IPC, unless it constitutes entrustment of the said amount or any dominion over the property for any specific purpose either express or implied or to utilise the periodical interest for any such specific purpose, either express or implied. In short, a mere deposit of amount with any banker, financial institution or any person, if it is for getting interest, unless satisfies the abovesaid cardinal ingredients, cannot be brought under the purview of criminal breach of trust as defined under Section 405 IPC and no criminal liability can be fastened for the offence punishable under Section 406 IPC," the Bench observed

The prosecution case is that the revision petitioner, who is the 1st accused person in the case, along with other accused were conducting a partnership business, namely M/S Rajappan Achary, and accepted fixed deposit from various persons. It is alleged that the accused persons thereafter misappropriated the amount for their own use. 

The complainant, who was one of the victims of such alleged misappropriation, claimed that although he was paid a certain amount as interest, the principal amount and the interest accrued thereafter had not been paid as agreed.

The courts below held the revision petitioner guilty of the offence under Section 406 IPC. 

In the present revision petitioner, the Court was thus faced with the question as to whether criminal liability could be extended under Section 406 IPC when there is neither express nor implied trust and whether both the courts below were justified in convicting the accused for the said offence without satisfying the existence of either express or implied trust

Roelie Post

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to Euro-Ombudsman, GOMES

Dear Mrs. O'Reilly,

On 27 October 2017 I informed you that I disagree with the preliminary conclusion of the Ombudsman's inspection meetings.

A former deputy head teacher of a primary school has been sentenced to 12 years in prison for paying and instructing teenagers in India to abuse younger children.

Matthew Smith, 35, from East Dulwich, was arrested by the National Crime Agency in November 2022, after investigators identified that he was sharing abuse material on the dark web.

Smith was online at the time of his arrest, speaking to a teenage boy living in India and asking him to send sexual images of a younger child, in return for money.

He also had dark web sites and forums open on his computer which were dedicated to child sexual abuse.

NCA investigators interrogated chat logs and financial transactions and were able to establish that Smith had paid that same teenager, and another also based in India, a total of £65,398 to abuse children over a five-year period.