Adoption by NRI

By your question you mean to suggest that Indian born children should not be given for adoption to foreign nationals at all bze they will be exploited ?


If yes, then who is going to look after the welfare of orphaned / social service institution living Indian born children ? Do we have a solution to their welfare first here in Indian soils ?


The Indian class of childless couples are not forthcoming to adoption Indian born children living in various social service institution so what is the solution here in hand that we have first let us discuss those then jump to foreign nationals coming to India and adopting Indian born children and subjecting them to alleged acts of exploitation.


Or is your question related to People of Indian origin = PIO who come to India for adoption purpose ? I'm not very clear with your question so to speak, kindly explain / illustrate to participate in discussion.

Ok now I understood (probably) what you are asking, you mean illegal adoption of Indian born children (minus paper work). Well that problem exists so the solution is strict implementation of Laxmikant Pandey v. Union of India, [1984] 2 SCR 795.

It is funny to inform readers here that 4 months back I sent an RTI to Hon'ble SC as well as to Hon'ble Delhi HC and in reply first Hon'ble SC refused to give information (same normal fiduciary principals I suppose) saying I was not party to this case, I override their objection with face to face interaction with Deputy Registrar and then they transferred the Application to Delhi HC.


Hon’ble Delhi HC, Registrar gave me another funny reply saying they do not keep such SC direction data’s as mandatory collected from all sub ordinate courts under them whereas Hon’ble SC already in 1984 told all HC’s to maintain one such reporting!


The double blind here was that before shooting RTI to SC I already sent RTI to all District Courts in Delhi and they gave me their funny data which is not all relevant in spirit to Laxmikant Pandey v. Union of India guidelines as laid down by Hon'ble SC way back in 1984.


Another bar I covered by sending similar RTI to my child custody Hon'ble ADJ as mother of all RTI's so to speak and he immediately dismissed my own child visitation petition the other day (summer vacation) now I am restoring it by pleading sorry to Lordship as I hurt some egos here and there and welfare of child got into collateral damage by such RTI's ha ha :-)


So, Sir let us think aloud to first devise a check and balance mechanism for Hon'ble Judiciary first on how to bell a cat then we do blame game on easy targets as asked in your mail (foreign nationals).  It is the implementation problem in India not what you complaining.


May I also suggest your goodself to study the Laxmikant Pandey v. Union of India binding law on adoption (intra country) and what beautiful guidelines Hon'ble SC made binding on all HC's pan India ! Surprise discovery Sir :-) now we the educated people of free India keep thinking aloud.............

Dear Mr Kumar

I am impressed by your level of research and knowledge on the subject. However my point is something that has not been addressed by Honbl SC in Laxmikant Pandey Vs. UOI.

The point being that when foreign nationals with Indian origin come down to India for vacation, they engage in private adoption claiming that being Hindus they can adopt any other Hindu with consent of their parents.

Now this opens a can of worms, since birth certificates can be manufactures and genuinely procured from authorities willing to count money. Secondly children are abundantly available in unregistered orphanages or shady operators and who knows if they are actually abandoned children or abducted. Due to absence of any central system of complaint registry and identification (like UID) it is easy to manipulate anyone to be a parent of an abducted child (so to speak) and then give that child in adoption to PIO who are willing to part with generous money.

My point is precisely about the illustrious guidelines and the lacunae in implementation of the same. Althouth the Honbl SC gave an exhaustive judgement the executive has clearly failed to play its part and when contacted CARA too had no answer.

Naturally, Hon'ble SC interprets / examines what is brought before her and or what is burning socially and or other issues and no one including your goodself it seems have shot a plain POST CARD to Hon'ble SC immediately coming to know of such connivance of NGO to Passport Office ! Don't you think sir !


Internet social (professional) networking forums have their own limitations in such matters concerning "welfare of nation's children" issues.


I recollect there was a time when many a PIL were built around simple Post cards as they were grave matters of "common cause".


However, accepting your appreciation on my work blah blah.... I suggest your goodself to write to Hon'ble SC summery of your experience and also kindly be requested to study Mr. M.C. Mehta Vs. UOI citations (there are several of them) on child issues as illustration of Mr Mehta's taken path breaking common cause issues before Hon'ble SC and some of them are plain brilliant once and I feel sad that trial courts due to lack of funds are not able to have collection of such binding laws (read Law reporters in Ld. Judges chambers libraries) to refer to while arguments are done by we the aam adami as pleaders in person.............. 


Well, with above notes I close my takes on this interesting yet touching discussion and let other ld. members give their opinions accordingly.


Regards

Thank you Mr Kumar for your suggestions. The reason I floated the topic on forum is to gauge my understanding on the matter and Yes, I would most certainly send a letter to SC since CARA has no answers.