Delhi High Court - Orders
Jagdish Singh Shary vs Central Adoption Resource Authority on 30 October, 2023
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~2 [SB]
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 11168/2020 & CM APPL. 55550/2023
JAGDISH SINGH SHARY ..... Petitioner
Through: Mr. Kabir S. Ghosh, Adv. (M.
9599966048)
versus
CENTRAL ADOPTION RESOURCE AUTHORITY..... Respondent
Through: Mr Vineet Dhanda, CGSC (M.
9811013810)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 30.10.2023
1. This hearing has been done through hybrid mode.
2. The Petitioner- Jagdish Singh Shary has been constrained to file the present writ petition seeking a direction to be issued to the Central Adoption Resource Authority (hereinafter "CARA") to issue a No Objection Certificate ('NOC') to enable the adoption of the child, Master Damanjeet Singh, by the Petitioner. It is the case of the Petitioner that since 2019, various applications and representations have been submitted to different authorities for the purpose of taking the child to the United States, where the Petitioner resides. However, CARA has not issued the No Objection Certificate despite repeated representations.
3. This Court has considered the legal position with regards to inter country adoptions and passed a detailed judgement dated 31st August, 2021 in J.S.S. v. Central Adoption Resource Authority, 2021:DHC:2673. This Court had directed the issuance of the NOC to the Petitioner for adoption in the present case. The relevant extracts of the said judgement considering the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:50:21 facts of the present case are extracted as under:
"93. In this petition, the adoption is by the real uncle (chacha) of the child. A registered adoption deed has been executed between the adoptive parents and the biological parents on 26th February, 2018 in Basaidarapur, Delhi. As of 2018, the adoptive parents have returned to the U.S., leaving behind the adopted child with their family. Since the adoptive father is the chacha of the child, the Committee shall verify the background of the biological parents. After interacting with them as also with the adoptive parents through any online platform, if any further documents are required, reasonable time would be granted for the said purpose. In any case, after verifying the documents, the NOC shall be granted by CARA within a period of one month."
4. This petition has been listed before the Court for compliance since 9th November, 2021. On the last date of hearing, i.e., 16th October, 2023, Mr. Atul Nagarajan, the Amicus Curiae in the case had highlighted that even after more than two years, the Petitioner has not been issued the NOC by CARA and only a support letter dated 3rd November, 2022 was issued. The relevant observations and directions vide order dated 16th October, 2023 are set out below:
"7. As per the aforementioned regulation, CARA is mandated to issue NOCs to Hague Adoption Convention ratified countries and the issuance of mere support letters is completely inexplicable, especially once the documentation is completed by the parties.
8. The Court notices in these cases that Petitioners and other Applicants for intercountry adoption are continuously facing one obstacle or the other to get their adoptions processed through CARA for issuance of NOCs. The Court takes a very grim view of the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:50:21 matter inasmuch as the issuance of NOCs cannot be made so onerous for persons who wish to adopt.
9. Moreover, it has also been brought to the notice of the Court by the ld. Amicus that exorbitant expenses are being incurred by adoptive parents for obtaining Home Study Reports (HSRs) during inter-country adoption of children. The authorities also need to look into the matter and on the last date a joint affidavit was directed to be filed by the concerned Ministries.
10. Ld. Counsel for CARA submits that he has filed the said affidavit but the same is not on record.
11. In view thereof, the concerned Director/Joint Secretary in the Ministry of External Affairs shall also remain present in Court.
12. Ld. Counsel for CARA shall also explain the following on the next date of hearing:
i. Why only support letters are being issued and not NOCs as was being done earlier and as mandated by the Regulations?
ii. What is the reason for the delay in respect of the Petitioner in issuing the NOC despite the District Magistrate's verification certificate dated 10th March, 2022?
13. The CEO of CARA shall also be present in Court on the next date hearing with the following data:
(i) Total number of applications received for issuance of NOC under the Hindu Adoption and Maintenance Act, 1956 after the decision of this Court dated 31st August, 2021 in these and connected petitions as also the amendment of the Adoption Regulations, 2017.
(ii) Total number of NOCs issued.
(iii) Total number of support letters issued.
(iv) The number of applications which continue to remain pending.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:50:21
14. Mr. Dhanda, ld. Counsel for CARA may take the assistance of ld. Counsel for the Petitioner if any clarifications are required qua the Petitioner's application."
5. Today, Dr. Jagannath Pati, Director (Programme), CARA has virtually appeared on behalf of CARA and submits that with the support letter even without the NOC issued, the US Embassy has agreed that the visa application of the child would be considered. Let the said oral submission be placed on record by Dr. Jagannath Pati on behalf of CARA in an affidavit before the Court within one week. A copy of the said affidavit be also given to the ld. Counsel for the Petitioner.
6. Accordingly, let the Petitioner proceed further and file a visa application with the US Embassy along with the support letter. If any impediments are faced, the same may be brought to the notice of this Court by way of an application.
7. CARA shall place on record an affidavit of Dr. Jagannath Pati as to the reason why the NOC has not been issued in this case till date even after judgement dated 31st August, 2021 and subsequent orders.
8. In view of the submissions made today, Dr. Jagannath Pati shall remain present in Court on the next date of hearing.
9. List on 28th November, 2023.
10. This is a part heard matter.
PRATHIBA M. SINGH, J.
OCTOBER 30, 2023 Rahul/am This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 31/10/2023 at 21:50:21