The Bombay High Court has stayed the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 till February 14. It has only stayed the amendment pertaining to the transfer of jurisdiction in adoption from courts to District magistrates, who are not judicial officials but officials of the rank of Collector.
While staying the amendment on Tuesday, the bench of Justices GS Patel and SG Dige observed, “While considering interim relief, we must bear in mind the primary objective, which is the interest of the children and infants who are to be adopted; whether domestic or foreign adoptions. The concerns of the adoptive parents are also involved.”
The HC has also issued a notice to the Attorney General of India since the petition challenges the legality of the amendment. Until further hearing, it has also directed that pending adoption matters before the courts should not be transferred to District Magistrates for adjudication. The HC was hearing a petition seeking a stay on a September 30, 2022, communication from the authorities to the courts to transfer all adoption cases to District Magistrates.
Advocate Vishal Kanade, appearing for the petitioner, said adoption matters require a fair amount of scrutiny, which is done by courts. The District Magistrates are at the Collector level, and the required scrutiny may not be undertaken. The bench noted that until now, adoption cases were being handled by High Court judges and that there had not been any complaint about their handling. “No prejudice will be caused to any party if the existing system continues. On the contrary, the primary interest would be protected,” the court added.
Advocate Sandesh D Patil appeared for the Union of India and additional government pleader Jyoti Chavan appeared for the Maharashtra government.
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