HC: Adopting a child directly from biological parents is not illegal u/s 80 Juvenile Justice Act [Read Judgment]

The Karnataka High Court recently comprising of a bench of Justice Hemant Chandangoudar while allowing the petition filed by the two couples and quashing the proceedings initiated against them under the JJ Act held that in absence of a declaration that a child is deserted by his biological or adoptive parents or guardians, filing of charge sheet under Section 80 of the Juvenile Justice (Care and Protection of Children) Act 2015, is without any substance. (Banu Begum and Ors. v. the State of Karnataka)

Facts of the case

A charge sheet was filed alleging that accused No.1 gave birth to twin babies on 14.9.2018. Accused No.3, who was married and issue less through accused No.4, intended to take the daughter of accused No.1 on adoption. Accused Nos.1 and 2 agreed for giving adoption to accused No.3 on 14.9.2018 when accused No.1 came to the hospital for delivery, the accused No.1 had asked accused No.3 to come to the hospital. Accused No.1 delivered twin babies and one of the daughters had breathing problem and the said daughter was taken by accused No.3 by registering the name of the mother as Jareena Begum and thereafter took the daughter of accused Nos.1 and 2 on adoption by executing a deed on Rs.20/- stamp paper.

The learned Magistrate took cognizance of the offence punishable under Section 80 of Juvenile Justice (Care and Protection of Children) Act, 2015 (for short `Act’) and issued summons to the petitioners. Taking exception to the same, this petition is filed.

Issue before the Court

Whether a child alleged to have been adopted is an orphan, abandoned, or surrendered child, would constitute the commission of an offence punishable under Section 80 of the Act or not?

Contention of the Parties

The learned counsel for the petitioners submitted that the child which is alleged to have been taken by adoption by accused No.3 is not an orphan, abandoned or surrendered child so as to constitute the commission of offence punishable under Section 80 of the Act. Hence he submitted that the charge sheet filed against the petitioners – accused is without any substance.

On the other hand, the learned High Court Government Pleader submitted that accused No.3 having taken adoption of the child without following the provisions or procedure as provided under the Act have committed the offence punishable under Section 80 of the Act.

Court's observations and Judgment

At the outset, the bench stated that a person is said to have committed an offence if he or she adopts an orphan, abandoned, or surrendered child without following the provisions or procedures set out in the Act.

However, in this case, the child was not an abandoned, orphaned, or surrendered child as defined by Sections 2(1), 2(42), and 2(60) of the Act. Thus, in the absence of a declaration that the child has been abandoned by his biological or adoptive parents or guardians, the filing of the charge sheet is meaningless.

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Anshu