Homedocuments  

Telangana HC Orders Swift Action on Adoption Cases of Rescued Trafficked Children

Web page copy
munsifdaily.com
1 December 2024

The court emphasized the urgency of ensuring a safe and lawful resolution for these children, who remain under the care of the CWC.


Hyderabad: The Telangana High Court has directed the Child Welfare Committee (CWC) to expedite the adoption process for 15 trafficked children rescued by the Rachakonda police earlier this year.

The court emphasized the urgency of ensuring a safe and lawful resolution for these children, who remain under the care of the CWC.

The directive comes after the dismantling of a child trafficking ring in May, highlighting the need for prompt legal action to safeguard the welfare of vulnerable children.

Table of Contents

Background: Child Trafficking Case in Telangana

The case revolves around a child trafficking racket uncovered by the Rachakonda police. According to the FIR, 15 children were allegedly sold by their biological parents through a mediator named Shobha Rani, who reportedly charged ₹5 lakh for a girl child and ₹6 lakh for a boy child.

Police Intervention:

  • The children were rescued and removed from their adoptive families after it was discovered that proper legal adoption procedures were not followed.
  • Legal disputes ensued as the adoptive parents sought custody, leading to multiple hearings in the Telangana High Court.

High Court’s Directive to the CWC

A division bench led by Chief Justice Alok Aradhe and Justice J. Sreenivas Rao issued the latest directives, ensuring that the matter is resolved efficiently while adhering to the Adoption Act, 2015.

Key Instructions:

  1. Section 37 Compliance:
    • The CWC must issue an order under Section 37 of the Adoption Act, 2015 within two weeks from November 28. This section outlines the guidelines for determining the guardianship and welfare of children in need of care and protection.
  2. Adoption Applications:
    • Relevant authorities were instructed to process adoption applications from prospective parents within four weeks.
  3. Thorough Investigation:
    • The court stressed that the CWC must base its decisions on a comprehensive investigation, ensuring that all actions align with the welfare of the children and the law.

Legal Disputes Over Custody and Adoption

The case has been marked by disputes between the adoptive parents and the CWC:

  • Adoptive Parents’ Argument:
    • They claimed their custody of the children was legitimate and sought to legalize the adoptions retroactively.
  • CWC and Police Standpoint:
    • They argued that proper adoption procedures were not followed, making the adoptions invalid under the Adoption Act, 2015.

Single Judge Ruling:

  • Initially, a single judge allowed the adoptive parents to pursue legal adoption processes.
  • However, the CWC filed appeals against this ruling.

Division Bench Ruling:

  • The bench overturned the single judge’s decision, reiterating that due process must be followed.

Challenges in Resolving Adoption for Trafficked Children

The case highlights several challenges in ensuring the welfare of trafficked children:

  1. Legal Complexities:
    • Disputes over custody and the legality of prior arrangements delay the resolution process.
  2. Delayed Investigations:
    • Despite completing its investigation, the CWC had yet to take decisive action, prompting the court’s intervention.
  3. Child Welfare:
    • Balancing the legal intricacies with the need to provide a stable and nurturing environment for the children remains a priority.

Impact of the High Court’s Directive

The Telangana High Court’s ruling aims to address these challenges by setting clear timelines for action.

For the CWC:

  • The committee is under pressure to act swiftly and make decisions based on thorough investigations.

For the Children:

  • The expedited adoption process will help ensure that the children are placed in safe and lawful environments as soon as possible.

For Prospective Parents:

  • Legitimate adoptive parents can expect their applications to be processed within the stipulated timeframe, provided they meet all legal requirements.

Broader Implications for Adoption and Child Protection in India

This case sheds light on systemic issues in the adoption and child welfare processes, particularly in cases involving trafficking. It underscores the need for:

  • Streamlined Adoption Procedures:
    • Simplifying and expediting legal adoption processes to prevent delays.
  • Stringent Oversight:
    • Strengthening mechanisms to ensure adherence to the Adoption Act, 2015.
  • Increased Awareness:
    • Educating communities about the importance of legal adoption and the risks of trafficking.

Conclusion

The Telangana High Court’s firm directive to the CWC reflects its commitment to protecting the welfare of trafficked children while upholding the law. By mandating timely resolutions and adherence to proper adoption procedures, the court aims to secure a brighter future for these vulnerable children.

India
Child Welfare Committee (CWC) India