Delhi High Court - Orders
Rajwinder Kaur & Anr vs Central Adoption Resource Authority on 8 September, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~2, 4 & 26 (SB)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 279/2019 & CM APPL. 40751/2021
RAJWINDER KAUR & ANR ..... Petitioners
Through: None.
versus
CENTRAL ADOPTION RESOURCE AUTHORITY ..... Respondent
Through: Mr. Jagannath Pati, Director, CARA.
4 (SB) WITH
+ W.P.(C) 10064/2019 & CM APPL. 40851/2021
BABY HARISHIKHA ATRE MINOR THROUGH SHEFALI
KULSHRESTHA ..... Petitioner
Through: None.
versus
UNION OF INDIA & ORS ..... Respondents
Through: Mr. Jagannath Pati, Director, CARA.
26 (SB) AND
+ W.P.(C) 11168/2020 & CM APPL. 40499/2021
JAGDISH SINGH SHARY ..... Petitioner
Through: None.
versus
CENTRAL ADOPTION RESOURCE AUTHORITY ..... Respondent
Through: Mr. Jagannath Pati, Director, CARA.
Mr. Vineet Dhanda, CGSC with Mr.
Abhishek Singh and Mr. Aadil
Hussain, Advocates.
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 08.09.2022
1. This hearing has been done through hybrid mode.
2. Pursuant to the previous order dated 25th July, 2022, Sh. Jagannath Pati, Director, CARA has joined the hearing through virtual mode. Mr. Pati has given an update to the Court in respect of the status of the Adoption Support Letters of the Petitioners in the present three cases, as also, generally. He has made the following submissions:
Signature Not Verified W.P.(C) 279/2019 & connected matters Page 1 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 11:06:45(i) The toll-free helpline number, which was made available on CARA's website in terms of the directions issued by this Court vide previous orders, is fully functional between 8:00 am to 8:00 pm. The said helpline is manned by the employees of CARA in two shifts. Mr. Pati has also assured the Court that the said employees, who are manning the helpline, would be given adequate training as to the queries raised by callers, so as to assist them in a helpful, cooperative and comprehensive manner.
(ii) In W.P.(C) No.279/2019 and W.P.(C) No.10064/2019, the Adoption Support Letters have already been issued. Insofar as W.P.(C) 11168/2020 is concerned, the matter has been sent to the Law Ministry as certain clarifications have been sought, in view of the fact that the age gap between the adoptive parents and the child is less than 21 years. He assures the Court that the same would be resolved at the earliest.
(iii) As regards the request for Adoption Support Letters, prior to the new Adoption (Amendment) Regulations, 2021 which came into effect on 17th September, 2021, he submits that there were a total of 61 cases which were filed with CARA. Out of the said 61 cases, 56 cases were transmitted to the concerned District Magistrates. The responses thereto have been received in 44 cases, and in 25 cases, the Adoption Support Letters have already been issued. The remaining cases are also in progress and would be resolved at the earliest.
(iv) Insofar as the cases filed with CARA post 17th September, 2021 are concerned, the Adoption Support Letters can be issued in terms of the Adoption (Amendment) Regulations, 2021 which have Signature Not Verified W.P.(C) 279/2019 & connected matters Page 2 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 11:06:45 already been prescribed by CARA, and the parents have to commence the process for obtaining the consent letters from the receiving countries. Such cases are being processed, in accordance with law.
3. Let the above submissions made by Mr. Pati be captured in a status report and any further developments be also added. Accordingly, a comprehensive status report be filed, at least one week before the next date of hearing.
4. Mr. Atul Nagarajan, ld. Amicus Curiae is not present in Court today. Mr. Nagarajan, ld. Counsel to contact Mr. Jagannath Pati after obtaining his mobile number from the Court Master, in order to communicate any other difficulties being faced by biological or adoptive parents.
5. Insofar as the children who have been orphaned during the course of the Covid-19 pandemic are concerned, CARA was directed to file a status report in respect of the same, vide order dated 17th February, 2022. Mr. Pati assures the Court that the said status will also be filed in the next status report, by the next date of hearing.
6. In view of the submissions made by Mr. Pati today, no further orders are required in W.P.(C) No.279/2019 and W.P.(C) No.10064/2019. Accordingly, W.P.(C) No.279/2019 and W.P.(C) No.10064/2019 need not be listed anymore. Only W.P.(C) 11168/2020 shall be listed.
7. List W.P.(C) 11168/2020 on 25th November, 2022.
8. This is a part-heard matter.
PRATHIBA M. SINGH, J.
SEPTEMBER 8, 2022/dk/ad Signature Not Verified W.P.(C) 279/2019 & connected matters Page 3 of 3 Digitally Signed By:DEVANSHU JOSHI Signing Date:12.09.2022 11:06:45