Court Criticizes CARA's Inaction; Upholds Adoption Under HAMA, 1956 for Hague Convention Compliance
In a significant ruling, the Delhi High Court has directed the Central Adoption Resource Authority (CARA) to issue a No Objection Certificate (NOC) for the relocation of a minor child adopted under the Hindu Adoptions and Maintenance Act, 1956 (HAMA) to Canada. The court criticized CARA for issuing a mere support letter instead of the required NOC, thereby hindering the child's relocation process.
The case involved a minor child, Gur Kaur, adopted by Indian citizen and Canadian permanent resident, alongside her spouse, a Canadian citizen. Despite executing an adoption deed in 2021, CARA refused to issue an NOC, citing procedural discrepancies under the Adoption (Amendment) Regulations, 2021.
Justice Sachin Datta, presiding over the case, emphasized that CARA is obligated under the Adoption Regulations and the Hague Convention to facilitate such relocations. He noted that the provisions under Regulation 22B and 22E of the 2021 Regulations and Regulation 67 of the 2022 Regulations clearly mandate CARA's compliance with Articles 5 and 17 of the Hague Convention. These articles require cooperation between the state of origin and the receiving state to ensure the child's welfare.
The court highlighted procedural lapses, including CARA's failure to respond to a legal notice and RTI application from the petitioners. It directed CARA to liaise with Canadian authorities to ensure the adoption process adheres to international standards, reiterating that the welfare of the child is paramount.
This judgment underscores the judiciary's role in upholding statutory obligations and international conventions, ensuring that procedural shortcomings do not impede the best interests of adopted children.
Bottom Line:
Adoption under HAMA, 1956 - Central Adoption Resource Authority (CARA) cannot abdicate its responsibility to issue a No Objection Certificate (NOC) for Hague ratified countries in cases of valid adoption under HAMA, 1956, even if the adoption predates the Adoption (Amendment) Regulations, 2021. CARA is mandated to comply with Articles 5 and/or 17 of the Hague Convention to facilitate relocation of the adopted child.
Statutory provision(s): Adoption (Amendment) Regulations, 2021 - Chapter IV-A, Regulations 22B, 22E; Hindu Adoptions and Maintenance Act, 1956; Regulation 67 of Adoption Regulations, 2022; Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993 - Articles 5, 7, 17; Right To Information Act, 2005 Section 8(1)(j).
Gur Kaur Minor v. Union of India, (Delhi) : Law Finder Doc id # 2885895
