Breaking: Writ Of Habeas Corpus Not Maintainable Against Judicial Order Of Magistrate /CWC Sending Minor Victim To Children Protection Homes:Allahabad

A Full Bench of Allahabad High Court on Monday held that an order passed by a Judicial Magistrate

or Child Welfare Committee sending victim to women protection homes/child care homes cannot

be challenged or set aside in a writ of habeas corpus. Subsequently, the Bench also observed that

the detention of a corpus in such child care homes cannot be treated as an illegal detention.

INTERVIEW WITH BENOIT VAN KEIRSBILCK, Director of DCI-Belgium

Benoit Van Keirsbilck, Director of DCI-Belgium and former President of the DCI Movement, has been elected as a member of the United Nations Committee on the Rights of the Child (CRC), in November 2020. He is the first-ever Belgian to be elected to this Committee. Mr. Van Keirsbilck has a 35-year career dedicated to the promotion and protection of children’s rights at the national, European and international levels.

He has been a leading force for campaigns to release children deprived of liberty and advance access to justice for children. He was a member of the Expert Group in charge of the drafting of the Council of Europe Guidelines on Child-Friendly Justice. In this interview, Gemma Cavaliere, from the International Secretariat asks Mr. Van Keirsblick the current challenges and future perspectives as newly elected member of the CRC.

In your opinion, what are the most pressing issues for children’s rights in 2021?

I do not think I will be very original here. We know that COVID-19 will affect children’s rights in 2021 and the years to come. Nevertheless, it is important to stress the fact that children’s rights have not always been considered a priority during the COVID-19 pandemic. In national lockdowns, for instance, the right to education was easily sacrificed in many countries, with the closure of schools and leisure centers for children and youth.

The Netherlands has decided to shorten adoptions from abroad. This is due to insufficient supervision of situations such as child theft, child trafficking and unethical conduct by officials. This is a very drastic measure for future adoptees.

In this Dutch Desi episode we talk to Minakshi Baigum . Who was adopted as a child from the Indian orphanage 'Bal Anand'. Minakshi has been looking for her parents, her family and her entire history for 14 years.

The topics discussed during this episode are her adoption process, her emerging company: Adoption Advice Bureau NL and her view on the drastic measure.

Interviewed by: Alyssa Bhawanidin

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Sweden was a driving force in creating the international adoption movement.

The political unity was total - adopting became a matter of course.

This is the story of how Swedish governments have acted to increase adoptions to the country.

Patrik Lundberg

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The Vidyagiri police in Dharwad have arrested six persons, including a couple, over the alleged sale of an infant and remanded them in judicial custody.

The arrested have been identified as Bharati Manjunath Walmiki, 48, Ramesh Manjunath Walmiki, 48, Ravi Bhimsen Hegde, 38, Vinayak Arjun Madar, 27 — all from Dharwad — and Vijay Basappa Negalur, 41, and Chitra Vijay Negalur, 37, residents of Udupi.

According to the police, the accused had given a hand loan of ?50,000 to a couple and had demanded ?1,50,000 in return. The couple could not pay back the amount and the accused forcibly made them sell their one-month-and-ten-day-old baby boy to an unidentified couple for ?2.5 lakh and had taken back their money. Subsequently, the distraught mother complained to the police on Friday about the incident.

Payment for custody

Following this, the police arrested the six persons. The infant has been entrusted to the custody of the Child Protection Committee in the district. The couple from Udupi had allegedly paid money to get the child’s custody.

They are called 'donor children', the approximately 40,000 Dutch children who were born until it was banned in 2004 thanks to anonymous sperm donation. The great secret that is still jealously covered up in many families has almost been overtaken by time. The DNA tests that are accessible to everyone are the big game changer .

Her mother asked her whether she could come to Amsterdam at the end of July 2020. Something had to be discussed. Something that was not suitable for over the telephone. And they had to be four of them: Marilien, her brother, her mother and her father.

That was something that had not happened for thirty years, with 'the whole family' - as it is called - in one room. Whatever had to be told could never be as bad as that, I thought. The four of us in one room, we hadn't done that for a long time. ' Marilien (52) has always been funny, her brother Steven (50) too.

She had a valid excuse: corona, especially if, like Marilien, you work and live with the family in Ireland. A trip to Amsterdam had meant quarantine on her return for two weeks. Could it really not be over the phone? No, it really couldn't be over the phone, said her 83-year-old and very spry mother, but she didn't have to worry either. It was not a disease, no one was going to die for the time being. It had to do with family history. What could this be, Marilien and Steven wondered.

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More than 20 High Court cases in relation to illegal adoptions have been launched and are at “an advanced stage”, it has emerged.

Dublin solicitors Coleman Legal Partners has now issued 14 cases in total, while Navan-based firm Cosgrave Solicitors represents clients in nine other cases.*

Cosgraves secured substantial damages for Tressa Reeves and her son Andre Donnelly in 2018, while Coleman Legal Partners lodged a case last year for Belfast man Patrick FitzSymons, whose parents handed him to the Catholic church agency St Patrick’s Guild in the 1960s, which then arranged for him to be adopted by a couple in Co Antrim. Mr FitzSymons’s case was formally launched in January 2020.

He sought damages for personal and psychological injuries and exemplary damages for “actionable conspiracy, deceit, malicious falsehood and infringement of constitutional rights”, relating to the alleged forgery of birth documents.

St Patrick’s Guild has so far declined to nominate lawyers to defend the case. Norman Spicer of Coleman Legal Partners said his firm has secured a judgment in default of appearance against St Patrick’s Guild in four cases of the 14 so far and more are due before the courts in the coming weeks..

During the last cabinet term, Minister Hugo de Jonge was 'system responsible' for youth care. A headache file, about which he barely informed the House for three years and in which the new decentralized health care system turned out to be indomitable. Silent and inglorious, De Jonge left the portfolio at the end of last year, on which he manifested himself as an alderman in Rotterdam. Youth care is in crisis. 'Thinking that it will all work out on its own, I just don't believe in that anymore.'

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In several European countries, there is currently a lively discussion about international adoptions. The debate started when the Netherlands decided to stop all international adoptions for the time being, the half-finished adoption processes are of course completed.

However, the discussion has been going on for many years. For example, Denmark temporarily stopped international adoptions in 2019, investigating the operability and ethics of the adoption system, until 2020 when international adoptions resumed. Last year, practices in international adoption by third parties were also reviewed in Sweden and the current model was found to work.

The investigations are a result of concerns about the ethics of international adoptions, as individual adoptions have been shown to contain irregularities. The discussion and investigations have been useful. The Swedish Inquiry's final report contains recommendations on, for example, developing services after adoption and Nordic co-operation, and it pays to listen to these recommendations here in Finland as well.

Why does bureaucracy take so much time?

We wish that the ongoing discussion for practice in international adoption a few steps forward again and open up new perspectives. In the public discussion, bureaucracy and the long process of adoptions are often seen as a negative thing. Hopefully we will see a shift from the point of view of the parents and the expectants also to the perspective of the adopted children.

Taoiseach (Irish PM) Micheál Martin has described revelations about illegal adoptions as "shocking".

He said "what happened was wrong" and "completely unacceptable".

RTÉ Investigates has reported that for decades thousands of babies born to unmarried mothers were illegally adopted.

Many only recently found out they were adopted, believing until then that the mother and father they grew up with were their natural parents.

Some also discovered they had been celebrating their birthday on the wrong date for decades, because their birth certificates had been falsified.