HC Quashes CWC Action on Adoptions

Hyderabad: Justice Surepalli Nanda of the Telangana High Court allowed a batch of writ petitions challenging the actions of the Child Welfare Committee (CWC), the state directorate of women development and child welfare department and others in taking forcible custody of adopted minor children. The judge was dealing with a batch of writ petitions filed by several adoptive parents, alleging illegality on the part of the respondent authorities in forcibly taking away adopted children. The petitioners complained that the actions of the respondents were arbitrary and in violation of the Constitution. Counsels for the respondent authorities stated that investigation was undertaken pursuant to receiving a report from an individual alleging sale of children in the name of adoption. Counsel for the respondents relied upon Section 31 of the Juvenile Justice Act, and stated that the police authorities were authorised to produce the child in need of care and protection before the CWC. The judge observed that the Act authorised custody only of children in need and care; in the present batch, the children were adopted by persons capable of giving them a good life. In view of the same, the judge allowed the writ petitions and ordered that the custody of the adopted children be restored to the respective adoptive parents