Supreme Court Clarified In Unmarried Student’s Abortion Case: Order Allowing Couple To Adopt Not Meant To Supplant CARA Process

The Supreme Court in the case P v. Union of India And Anr observed and has issued a clarification with respect to the order passed by the court in a petition filed by an unmarried woman wherein seeking the termination of pregnancy. After the court reported by the AIIMS that there being high probability of the baby for coming out alive if the 29-week pregnancy which was being attempted to be terminated, the said court persuaded the woman to opt for delivery of child. The women expressed difficulty in keeping the child as the women being a 21-year old student.
It has been submitted by the Solicitor General of India before the court about the willingness expressed by a couple, the couples are registered with the with the Central Adoption Resource Authority for adopting a child. The court passed the said order wherein allowing an order and the said couple to adopt the child.
However, the court also clarified and passed the order in view of the extraordinary circumstances of the case, and the same is not being meant to supplant the regular adoption procedure of CARA.
Therefore, the court stated in view of the unwillingness which is being expressed by the woman to raise the child, it became necessary for seeking prospective adoptive parents with the utmost priority and urgency before the delivery. The court then allowed the said adoption direction by the specified couple was passed exercising the extraordinary powers under Article 142 of the Constitution of India.
The bench comprising of Chief Justice of India DY Chandrachud stated and has clarified that such directions does not operate to supplant the procedure which has been laid down by CARA in their general applications.
The court in view of the above clarifications directed the CARA to take steps in compliance with the order dated 23.02.2023, without taking of the procedure as mentioned in para 4(A) and the para 4(B) of its letter dated 08.02.2023. The court also directed the CARA for taking steps within 24 hrs.