The Supreme Court in the case The Temple of Healing v. Union of India observed and has adjourned the hearing of the petition seeking simplification in the process of adoption in India.
The bench comprising of Justice D.Y. Chandrachud and the Justice J.B. Pardiwala apprised by Additional Solicitor General, Mr. K.M. Nataraj observed and has held that he had not received the petition. Thus, the Bench asked the petitioner-in-person to handover a copy to him.
In the present case, as a preliminary objection, Mr. Nataraj indicated that the writ petition might not be maintainable as it is filed by a society. It was noted by the bench that the process of adoption in India is indeed cumbersome and tedious and needs to be addressed, wile stating that it is a genuine PIL. It was requested by the bench to the ASG not to treat it as adversarial litigation. Thus, the bench also orally observed that the petitioner-in-person has established his bona fides, on the last date of hearing.
The bench of Justice Chandrachud orally said that “We issued notice because the process of adoption is so cumbersome and tedious that it is precluding people from adopting…It is a genuine PIL. Do not treat the PIL as adversarial litigation”.
A charitable trust, “The Temple Of Healing” filled an PIL through its secretary Dr. Piyush Saxena (petitioner-in-person).
It was observed that earlier, when the notice was issued, Dr Piyush Saxena, had informed the Apex Court that he had submitted an application seeking leniency in adoption norms to the Ministry of Women and Child Development and which has not been acted upon.
It was stated by him that 4000 children are adopted in our country every year but there are 3 crores orphans in our country and there are infertile couples too who are desperate to get a child. Thus, parents are not educated enough therefore the scheme should be introduced based on the Income Tax Scheme which was issued 16 years back. The notification has been issued by the Ministry wherein they have given some leniency to the prospective parents.
It was suggested by the petitioner that the Child Adoption Resource Information and Guidance system may appoint a few trained “Adoption Preparers” along the lines of the Income Tax Preparer Scheme of 2006. However, they can help prospective parents complete the cumbersome paperwork required for adoption.
It was pointed out by Dr. Saxena that adoption governed by the Hindu Adoption and Maintenance Act, 1956 was administered by the Ministry of Law and Justice, whereas adoption of orphans is dealt with by the Ministry of Women and Child Development.