JJ ACT 2015 PERMITS ADOPTION OF CHILDREN FROM RELATIVES - BOMBAY HC

A single-judge bench of Justice Manish Pitale of the Nagpur Bench of Bombay High Court held that provisions of the Juvenile Justice Act, 2015 (JJ Act) cannot be restricted to only orphaned, surrendered, abandoned children or children who conflict with the law or a child in need of care and protection. The court added that the adoption of children from relatives and stepparents are also included in The JJ Act. 

The Present revision petition was filed before the Hon'ble HC against the order passed by the District Court. The District Judge of Yavatmal rejected the application on the ground that the child in the present case is neither child in need of care and protection nor a child in conflict with the law or any of the provisions of the JJ Act 2015. 

Since there were no respondents in the present application, this Court appointed Mr.F.T. Mirza learned counsel as Amicus Curiae. Mr Mirza referred to Section 56(2) of the Act, that adoption of a child from a relative by another relative can be made as per the provisions of the said Act and Adoption Regulations framed by the Authority. 

It was submitted that the view adopted by the Court was extremely narrow, and it did not take into consideration the changes brought about in the JJ Act, 2015. 

 

Author: Papiha Ghoshal