Ashim Devnath v. The Sub-Registrar, South Andaman
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] ...
WPA/948/2023 Ashim Devnath ... Petitioner Vs.
The Sub-Registrar, South Andaman ... Respondent Mr. S.K. Golder ...for the Petitioner Mr. V.D. Sivabalan ...for the Respondent October 18, 2023 (M.A.Mobin) Item No.91 Mr. V.D. Sivabalan, learned Advocate appearing on behalf of the Respondent Authority submits a press release issued by the Director of Social Welfare, Andaman & Nicobar Administration dated 11th May, 2023 which directed that taking the custody of any minor without following the legal procedure and by following the adoption laws is illegal adoption which is punishable under the Juvenile Justice (Care and Protection of Children) Act, 2015 [JJ Act, 2015 in short].
The instant Writ Petition was filed for necessary direction upon the concerned authority i.e. the SubRegistrar, Port Blair, South Andaman who has refused for registration of an Adoption Deed of the petitioner as the petitioner along with the wife (both Hindu) has adopted a male child (Hindu) from the natural parents (Hindu) of the
concerned child viz. Aryan Das in terms of Hindu Adoption and Maintenance Act, 1956.
The Hindu Adoption and Maintenance Act, 1956 allowed petitioner to take adoption a minor Hindu male or female to the condition laid down in the provisions of law enumerated under the Hindu Adoption and Maintenance Act under Chapter II. The requisite for valid adoption and the qualification for taking adoption etc. has been specifically mentioned in the Hindu Education and Maintenance Act. The Sub-Registrar is the authority to register a deed of Adoption according to the Registration Act.
The CERA(Central Adoption Research Agency) guideline was issued by the Central Government directing the State Government under the department of Social Welfare to issue specific notification for Adoption of children who are come under the provisions of Juvenile Justice (Care and Protection of Children) Act, 2015. Now, in India there are Adoption of two categories i.e. Adoption under the provisions of Hindu Adoption and Maintenance Act, 1956 and Adoption under the Juvenile Justice (Care and Protection of Children) Act, 2015. CARA guideline and the SARS guidelines were issued by the Court to check the menace of child trafficking through the adoption. I make it clear that the CARA guideline or SARA guideline are only the applicable in a case of adoption of minors under the provisions of JJ Act, 2015. The CARA
guideline or SARA guideline has no implication or applicability in case of adoption under the Hindi Adoption and Maintenance Act, 1956.
Considering the same, the instant Writ Petition is disposed of with a direction upon the concerned authority to consider the representation of the present petitioner and to examine the entire case of the petitioner whether it come under the purview of Hindu Education and Maintenance Act or JJ Act, 2015. If it appears that the case of the petitioner come under the purview of Hindu Adoption and Maintenance Act, the authority shall pass necessary order for registering the deed in question. All exercise of the authority should be completed within four weeks after filing the representation of the petitioner to the authority concerned.
The Authority shall inform the petitioner regarding the decision within 2 weeks; needless to mention that the reasoned decision shall be arrived at after allowing the petitioner a reasonable opportunity of being heard. Under the above observations the Writ Petition is disposed of.
(Subhendu Samanta, J.)