1. By this petition, the petitioner seeks a direction in the nature of mandamus thereby directing the respondents to issue directions to the respective Visa Issuing Authorities that Certificate from Central Adoption Resource Authority (CARA) is not mandatory in view of an order of a Court under Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as „the HAMA Act?) from a Competent Court and further for a direction to respondent No.3, i.e., Ministry of External Affairs to issue a passport to the petitioner.

2. The petitioner was born on 15.01.2004. The biological parents of the petitioner are Shri Raj Kumar Arora and Smt Neeru Arora. The petitioner was adopted by his paternal uncle and aunt, i.e., the elder brother of Shri Raj Kumar Arora and his wife, namely, Shri Dalip Kumar Arora and Smt Vaishali Arora. Formalities and ceremonies for adoption were performed on 26.01.2015. A registered Adoption Deed was executed on 27.01.2015. The adoptive parents, who were married since 11.07.2008, did not have any child despite undergoing various medical procedures. The adoption of the petitioner was ratified by the Court of District & Sessions Judge (West), Tis Hazari Courts, Delhi, in a Guardianship Petition No.01/2015 by judgment dated 28.05.2015.

3. The adoptive parents of the petitioner are German citizens with Overseas Citizen of India (OCI) status and live in Hannover, Germany.

4. As per the petitioner, since the adoption was an inter-country adoption, the parents of the petitioner approached CARA, as directed by the German Consulate at Delhi. CARA refused to assist the petitioner's parents but required them to apply through proper channel for adoption on the premise that CARA was the Central Authority regulating inter-country adoptions, which were guided by the provisions of The Hague Convention, 1993 and accordingly, the parents would require a No Objection Certificate from CARA prior to applying for a visa and for such a Certificate they had to make an application for adoption with CARA. The parents of the petitioner allege to have approached CARA various times but there was no response or assistance from them.

5. It is contended that despite the fact that there is a valid adoption of the petitioner by the adoptive parents and there is a Deed of Adoption dated 27.01.2015 and a judgment of the Competent Court dated 28.05.2015 ratifying the adoption, CARA has required the parents of the petitioner to go through a cumbersome process by making an application for adoption to CARA.

73 Missionaries of Charity homes linked to central adoption ..

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http://timesofindia.indiatimes.com/articleshow/66581789.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst

Hyderabad, Nov 6 (PTI) The Hyderabad Police today arrested three persons for allegedly selling a baby girl under the guise of adoption.

The arrested trio included the father of the now four-month-old girl who was allegedly sold to a couple in Visakhapatnam and two brokers, the police said.

The girl has been rescued and re-united with her mother, who had lodged a complaint with the police alleging that her daughter had been sold for Rs 2 lakh, though she had given her away for adoption.

The arrested accused are identified as V Gangadhar Reddy, Shaik Khatoon (both brokers) and Shaik Yousuf, the father of the girl, DCP (South Zone) V Satyanarayana said today.

He said efforts are on to nab other absconding accused.

ADOPTIONS FROM VIETNAM ARE SET IN BERO

After careful consideration, the DIA has decided to relocate the cooperation with Vietnam.

Director Jeanette Larsen pronounces the decision:

"It is not an easy decision to regret long-term cooperation, not least because we know that it is of crucial importance to the families on the waiting list for a child from that country. "

"Once we have decided to relieve the cooperation, it is because in Vietnam there is no central management of the provision of children with special needs, and because the payment of care costs for the children's homes is not regulated. This implies a risk that not all adopts are implemented on a sufficient basis and without economic recovery in mind.

New Delhi: The Central Adoption Resource Authority (CARA) has said that there was no need to repeal personal law regarding adoption among Hindus as the “object and purpose” of the Hindu Adoption and Maintenance Act (HAMA) and Juvenile Justice (JJ) Act is different.

Chief Executive Officer of CARA, Lt Col Deepak Kumar said, “There was no problem with the personal law legislation but it needs stricter monitoring mechanism to avoid child trafficking and other such related cases.”

“Hindu mythology talked about 'beta ho gaya toh vansh ko aage badhayega (If a boy is born, he’ll take forward the lineage)'. The act gives parents an opportunity of a lineage. This does not mean that the act should be repealed. If one is a Hindu and wants to give up their child for adoption, then relying on this act is fine. The problem comes, when a middleman enters the picture. Children are sold off and trafficked. The problem is implementation and not the law,” said Kumar.

The CEO’s statement comes close on the heels of reports that the Ministry of Women and Child Development (WCD) is mulling over a proposal to initiate amendments in HAMA. The move is being mulled to repeal the adoption provisions under the Hindu law as it works parallel to the JJ act, which was a common law.

“This is a red alert for the ministry. There cannot be two parallel systems, as it makes it very difficult to check instances of child trafficking. The adoption provisions under HAMA need to be repealed so that adoptions happen only through the JJ Act. We will be moving a proposal to that effect before the Cabinet soon,” said the report which quoted WCD Minister, Maneka Gandhi.

By Archana More, Pune Mirror | Updated: Nov 7, 2017, 09.51 AM IST

Minor made to work as domestic help rescued from Nanded City

12-year-old girl from Solapur forced into labour for a year by man claiming to be advisor to one Bachpan Bachav Samiti; cops have booked Deshmukh after activists took the child away

Child labour flourishing under the name of 'domestic help' has come to the fore in the city, this time, ironically, at the home of an advisor to a group that claims to advocate against this very crime. In the latest development, a 12-year-old girl was rescued from a home in Nanded City, Sinhagad Road, after city-based activists received a tipoff that a minor had been working for many days at the Lalit building.

On Sunday, members of NGO Sakhee laid a trap and rescued the girl from the house in question, which belongs to an advisor on the Bachpan Bachav Samiti, Abhijitraje Deshmukh, who also happens to be state president of the All India Anti-Corruption Committee (AIACC). According to Sakhee, this is the first case in which a minor being used as domestic help has been rescued in Pune city.

Pune: Members of a non-government organization, Sakhee, and the Haveli police on Sunday rescued a 12-year-old girl from the clutches of a man, forcing her to work at his Sinhagad Road residence as a domestic help.

A team headed by advocate Anjali Pawar, who is leading the non-government organization (NGO), rescued the girl on Sunday afternoon from an upscale housing complex on Sinhagad Road. The girl from Barshi in Solapur district was being tortured by her employer from May 2016.

The suspect and his wife used to beat up the girl regularly. She cried loudly every day, Pawar told TOI. The girl was forced to cook food, wash clothes and take care of children, Pawar said.

A source in the Haveli police said a case had been registered against the employer of the child. The suspect and his family members have fled the scene.

Pawar said the NGO members had kept a watch on the house from June. After a few days, it was confirmed that the family members were inflicting torture and injuries to her.

HIGHLIGHTS

Mark Madappan Nielsen, 45, underwent nightmarish experiences before he found a home and benevolent parents in Denmark

The family has come to Madurai on one-year visa to narrow down their search around Coimbatore and Trichy

Mark Madappan NielsenMark Madappan Nielsen

MADURAI: At the age of 45, Mark Madappan Nielsen has seen the world enough and witnessed both good and evil. A Danish citizen, Mark now is searching for his biological parents after he was given in adoption to a family in Denmark by an illegal orphanage in Delhi.

Abandoned by their parents, 77 newborns have got a fresh shot at life courtesy a government scheme that allows people to put unwanted infants in cradles installed at hospitals across the state.

“Seventy-seven newborn babies, including 47 girl children, who were abandoned just after their birth and would have died have been saved in Rajasthan in the period March 2016 to October 2017,” Devendra Agarwal, state advisor to the government of Rajasthan for Aashray Paalna Sthal Yojana, said.

Chief minister Vasundhara Raje announced, in her 2015-16 budget speech, the Aashray Paalna Sthal Yojana to install cradles at all the government medical colleges, district hospitals, sub-district hospitals and satellite hospitals. At present, 68 such cradles are functional across state.

There had been instances in the past when unwanted infants were thrown away in dustbins, bushes, rivers, dirty ponds, slimes, wells where they died an untimely death. Also, babies were often abandoned at bus stands, railway stations or other such places where they would end up in the wrong hands. It was with a motive to curb such incidents that the government came up with the cradle scheme.

“Rajasthan is the first state to bring about the concept of Paalna Sthal in such a manner at all the government hospitals. Rajasthan is the only state to give the ‘Right to Survive and Prosper’ to all the (so called) unwanted newborns,” Agarwal said.

#NotYourRescueProject: How a white middle-class academic masqueraded as the women he trafficked and pimped

Julie Bindel reveals that the “sex worker led” hashtag campaign #NotYourRescueProject was actually created Dr John Davies, masquerading as one of the women he pimped and trafficked.

NOVEMBER 2, 2017 by JULIE BINDEL 0

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