In a landmark decision, the Supreme Court has issued a directive aimed at ensuring the establishment of Specialised Adoption Agencies (SAAs) across all districts of India by August 30. The court, led by a three-judge bench including Dr. DY Chandrachud, CJI, expressed grave concerns over the delayed implementation by several states, highlighting the critical need to streamline adoption procedures nationwide.
The directive follows a Public Interest Litigation initiated by ‘The Temple of Healing’, urging simplification of adoption protocols. The court underscored that states like Goa, Chandigarh, Rajasthan, Karnataka, and Kerala have already established SAAs in all districts, setting a precedent for others to follow.
Out of the 760 districts in India, only 390 currently host functional SAAs, leaving 370 districts without crucial adoption infrastructure. In response, the court mandated all Chief Secretaries of states and Union Territories to submit compliance affidavits by August 30. Failure to adhere to the directive could lead to contempt proceedings.
Furthermore, the court instructed states to provide detailed affidavits regarding compliance with adoption regulations, particularly those outlined in Schedule 14 of the CARA Adoption Regulations, 2022. This includes data on the timeline adherence and reasons for any delays in the adoption process.
Regarding adoption procedures under the Hindu Adoptions and Maintenance Act, 1956, the court declined to issue specific guidelines, citing clarity within the statute. Instead, it emphasized adherence to existing legal provisions for valid adoptions under Hindu law.
The decision underscores the Supreme Court’s commitment to expediting adoption procedures and ensuring the welfare of children awaiting adoption across the country.
