Context:
Right to adopt children is not a fundamental right within Article 21: Delhi High Court.
Key Highlights of the judgement:
- Right to adopt children is not a fundamental right within Article 21
- Adoption is premised on the welfare of children and does not place the rights of prospective parents at the forefront.
Adoption Regulations in India:
- Issued under – Juvenile Justice (Care and Protection of Children) Act, 2015
- Key Provisions –
- Couples with 2 or more biological children shall only be considered for special needs children and hard to place children (children who has not been placed in adoption after going through procedure mentioned under rule)
- Other Prospective Adoptive Parents, irrespective of marital status, with or without a biological child can go for adoption subject to following:
- Married couple need consent of both spouses
- Single female can adopt a child of any gender
- Single male shall not adopt a girl child.
Juvenile Justice (Care and Protection of Children) Act, 2015:
- Deals with – Adoption of an orphan / abandoned / surrendered child.
- Important Provisions –
- Includes new and clear definitions such as orphaned, abandoned and surrendered children
- Special provisions to tackle child offenders committing heinous offences in the age group of 16-18 years
- Mandates setting up Juvenile Justice Boards and Child Welfare Committees in every district
- All Child Care Institutions, whether run by State Government or by voluntary or non-governmental organisations are to be mandatorily registered under the Act
- A separate new chapter on Adoption
- Establishes – Central Adoption Resource Authority (CARA) under Ministry of Women & Child Development
- CARA – Nodal body to monitor and regulate in-country and inter-country adoptions of Indian children.
Source: Hindustan Times
Previous Year Question
‘Right to Privacy’ is protected under which Article of the Constitution of India?
[UPSC Civil Service Exam – 2021 Prelims]
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Answer: (c)
