CASE TITLE:
BANU BEGUM W/O KHAJASAB ALIAS MEHABOOBSAB and Others Versus State of Karnataka.
DATE OF ORDER:
07TH APRIL, 2022
JUDGE(S):
Hon’ble Justice Hemant Chandangoudar
PARTIES:
PETITIONERS:BANU BEGUM W/O KHAJASAB ALIAS MEHABOOBSAB
MAHIBOOBSAAB NASISAAB
ZAREENA BEGUM R FAYAZ
SHAKSHAVALI HUDEDAMANI
RESPONDENT: STATE OF KARNATAKA
SMT. R JAYASHREE NARASIMHA
IMPORTANT PROVISIONS
Section 80 of the Juvenile Justice (Care And Protection Of Children) Act 2015.
SUBJECT
The Karnataka High Court ruled that without a declaration that a child has been abandoned by his biological or adoptive parents or guardians, filing a chargesheet under section 80 of the Juvenile Justice (Care And Protection Of Children) Act 2015 is meaningless. Section 80 punishes anyone who adopts an orphan, abandoned, or surrendered child without following the provisions or procedures outlined in the JJ Act.
BRIEF FACTS
- Banu Begum, a Koppal resident, gave birth to twin girls in 2018, and one of them was adopted by her and her husband Mahiboobsab Nabisab by the couple Zareena Begum and Shaakshavali Abdulsab Hudedamani.
- A single judge bench presided over by Justice Hemant Chandangoudar in Dharwad granted the petition filed by two couples and quashed the proceedings initiated against them under the Act.
- The prosecution claimed that accused No.3 adopted the daughter born to accused Nos.1 and 2 without following the provisions or procedures prescribed by the Act, thereby committing an offence punishable under Section 80 of the Act.
- The Magistrate took cognizance of the offence and summoned the petitioners in this case. Following that, the four accused went to the High Court.
- The petitioners contended that the child alleged to have been adopted by accused No.3 is not an orphan, abandoned, or surrendered child, which would constitute the commission of an offence punishable under Section 80 of the Act. As a result, the charge sheet filed against the petitioners – accused is devoid of substance.
- The couple filed an appeal with the High Court.
QUESTION RAISED
Whether child alleged to have been adopted is an orphan, abandoned, or surrendered child, and would constitute the commission of an offence punishable under Section 80 of the Act or not?
ANALYSIS BY THE COURT
- At the outset, the bench stated that a person is said to have committed an offence if he or she adopts an orphan, abandoned, or surrendered child without following the provisions or procedures set out in the Act.
- However, in this case, the child was not an abandoned, orphaned, or surrendered child as defined by Sections 2(1), 2(42), and 2(60) of the Act.
- Thus, in the absence of a declaration that the child has been abandoned by his biological or adoptive parents or guardians, the filing of the charge sheet is meaningless.
CONCLUSION
In this case it was ruled that the child was not abandoned, surrendered or orphaned. And in such cases filing of the charge sheet is of no use and no offence has been constituted.
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