Covid orphans: Cops warn of jail terms, Rs1L fine for adoptions without due process

Nagpur: Any person sympathetically taking part in adoption of orphans, whether the parents died due to Covid or otherwise,

may face serious legal implications if the norms are not followed. Any adoption without a court order is bracketed as a ‘crime’

under at least three different laws.The latest advisory has been issued by the Maharashtra State Child Protection Society,

operating under the women and child development department, alerting against participating in any adoption through

messages seeking support or shelter for Covid orphans.

The society has also released three helpline numbers (1098, 8308992222 and 7400015518 for Maharashtra) where citizens

can alert the department regarding situations where any child or a minor may need help after both or either of the parents

perish due to Covid or any other reason.

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In all adoption cases, all the legal formalities have to be followed as per the guidelines of Central Adoption Resource Authority

(CARA). In case the formalities are not followed and a minor is adopted without due legal process, an offence can registered

under Indian Penal Code (IPC) for kidnapping, which may lead to prison term extending to seven years and fine.

Under the same IPC, the provision of ‘trafficking’ under section 370 is also attracted, under which the penalties are even

stricter. If it is found the illegal adoption was made to perpetrate some exploitation, the jail term may be 10 years and also

extend to life imprisonment.

District child protection officer Mushtaq Pathan said any adoption without following the CARA guidelines, and in absence of

court order, may lead to breach of IPC and Juvenile Justice Act (Children in need of Care and protection). “Sections 80 and 81

of the Juvenile Justice Act would be invoked against illegal adoptions. Under section 80, there is a fine of at least Rs1 lakh and

also jail term extending to three years. Under section 81, there is fine Rs1 lakh and also imprisonment which may extend to five

years,” he said

The Hindu Adoption and Maintenance Act, 1956, also makes such illegal adoption a crime by imposing imprisonment of up to

three years and fine of around Rs1 lakh if the norms under the Juvenile Justice Act are not followed.

Nagpur city police crime branch has acted upon a gang involved in selling minors to childless parents. The gang was charged

under stringent sections of IPC including 370, informed DCP, Crime, Gajanan Rajmane.

City police chief Amitesh Kumar too appealed to people to be aware and not get lured by such messages on social media to

help Covid orphans by adopting them without following the mandated guidelines and protocols.

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