child neglect

You cannot adopt the child without the consent of the biological parents.

If you find that the child is being abused or tortured or being harmed for no fault then you can give a complaint with the children welfare commission or police about this in the interest of the child's well being.

This cannot be reason to pemit you to adopt the child without the parents' consent.

Hi  Yukti Ji, I’m Adv. Niharika and here is my take on your query.

As pious as your intentions maybe but it is not possible, fair or legal to adopt a child without a wilful and express consent of the biological parents and in their absence the consent of the guardian of such child.

So, if you are unsure or think that they won’t allow giving their son in adoption and still hold the best interest for the child, then you should make a complaint application to the Child Welfare Committee under Sec. 32 of Juvenile Justice (Care and Protection of Children) Act, 2015

If by following the procedure under the said act you are able to get the child declared by CWC as a child in need of protection then you will be saving a child from the hardship he is currently facing  and he will be sent to a social rehabilitation institution. Now, I must tell you in honesty that this only happens in extremely bad and heart wrecking circumstances. Your best resort is to file a complaint, hopefully by means of which the parents will change their harsh and cruel behaviour towards their own child.

I’m attaching a relevant article for your convenient reading, kindly find it below.

https://www.lawyersclubindia.com/articles/adoption-in-india-12131.asp

I hope this information helps and for further information, you can contact me via email at niharikalohan@yahoo.com