Court Upholds Strict Adherence to CARA Guidelines; Dismisses Writ Petition
In a significant judgment, the Telangana High Court dismissed a writ petition filed by Muthineni Venakanna, seeking custody of his adopted daughter, Sharanya, who was taken from his care due to allegations of child trafficking. The petitioner challenged the action of the State authorities in detaining the child at a Child Protection Center and not handing her back to him, labeling it as illegal and arbitrary.
The case revolves around the adoption of Sharanya, a two-year-old girl, by Venakanna and his wife, Sravanthi, who had been unable to have children of their own. After several years of pending adoption requests through official channels, the couple adopted Sharanya from Nakka Yadagiri, an individual accused of running a child trafficking ring. The adoption was formalized through a traditional ceremony, but without adherence to the guidelines set by the Central Adoption Resource Authority (CARA).
The petitioner argued that he and his wife had developed a deep bond with the child, providing her with love and care since infancy. Despite having applied to CARA post-adoption, Venakanna sought immediate custody, citing emotional distress faced by Sharanya due to her separation from them.
However, the court, presided by Justice Smt T. Madhavi Devi, emphasized the importance of following CARA guidelines for all adoptions to prevent illegal practices and protect the welfare of children. The judgment highlighted Section 81 of the Juvenile Justice Act, 2015, which prohibits the sale and procurement of children for any purpose, emphasizing that the petitioner’s adoption method was illegal and could not be sanctioned by the court.
The court also referred to a similar case handled by the Supreme Court under Article 142, where directives were given to release a child to adoptive parents. Nevertheless, the Telangana High Court noted that the Supreme Court's decision was specific to that case and should not be treated as a precedent for others, especially where illegal adoption practices are involved.
In its order, the court acknowledged the care provided by Venakanna and his wife but stated that the adoption procedure adopted by them was not legal and could not be approved. The court underscored the necessity of adhering to established legal frameworks to prevent child trafficking and illegal adoptions, thereby dismissing the writ petition and advising the petitioner to wait for their turn through the CARA process.
Bottom Line:
Adoption of children must strictly adhere to CARA guidelines. Illegal adoptions and child trafficking are strictly prohibited under the Juvenile Justice Act, 2015.
Statutory provision(s): Juvenile Justice (Care and Protection of Children) Act, 2015 Section 81, Article 142 of the Constitution of India.
Muthineni Venakanna v. State of Telangana, (Telangana) : Law Finder Doc id # 2847419
